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ZOA 98-7Z ADULT ENTERTAINMENT 1999
WHILE YOU WERE OUT A.M. FOR DATE TIME P.M. M M1 v 7 � ` OF PHONED ❑FAX RETURNED PHONE 0 Mosl� YOUR CALL AREA CODE N BER EXTENSION PLEASE CALL MESSAGE 77 hrzlo <. WILL ALL ,n C� CAME TO SEE YOU ANTS TO F �'0 EYOU SIGNED IN= FORM 4008 11 • � Pp jj jjjj VOO i%�//.eA wo CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT I. TO: Honorable Mayor and City Council II. REQUEST: Consideration of approval of an amendment to Chapter 5.88 and Section 25.34.020 (M) and to add Chapter 25.110 of the Palm Desert Municipal Code regarding the location of Adult Entertainment Establishments. III. APPLICANT: City of Palm Desert IV. CASE NO: ZOA 98-7 V. DATE: January 28, 1999 . VI. CONTENTS: A. Staff Recommendation B. Discussion C. Draft Ordinance No. 905 D. Planning Commission Minutes involving Case No. ZOA 98-7 E. Planning Commission Resolution No. 1911 F. Planning Commission Staff Reports dated December 1 , 1998, December 15, 1998 and January 5, 1999 G. Related maps and/or exhibits ----------------------------------------------------------------------------------------------------------- . A. STAFF RECOMMENDATION: Waive further reading and pass Ordinance No. 905 to second reading. B. DISCUSSION: I. BACKGROUND: The City Attorney advises that, "Under current interpretations of the First Amendment, the courts require that each city make available adequate sites for the location of adult entertainment establishments. Courts have not given us a clear answer as to how many sites are required. However, there should be sufficient available sites such that an adult entertainment establishment has a reasonable possibility of locating within the city." '.In 1992 and 1995 the City amended the adult entertainment ordinance and established locational criteria for adult entertainment uses. These uses were 1 STAFF REPORT ZOA 98-7 JANUARY 28, 1999 limited to the S.I. (service industrial) zone but at a distance of at least five hundred feet from: (1) Any R-1 ,_-2;.R-3, PR, PC, PI and C1 zone (2) Any property which contains: - a church - a governmental public building - schools - day, elementary, secondary and high schools - institutions of higher learning - public park and recreation facility - any other adult entertainment establishment - any business offering on-premises sale of alcoholic beverages II. ANALYSIS: From the beginning the separation requirement from governmental public buildings was onerous in that the CVWD property adjacent to the east and the post office and city public works facility eliminated a large portion of the area. Over time the city, through conditional use permit approvals allowed churches and ABC licensed businesses which has further reduced available land on which adult entertainment establishments could legally locate (see attached maps of the SI area). The city needs to have a sufficient number of available sites in order that our ordinance would pass muster. In reviewing the matter, staff has determined that the least objectionable manner of accomplishing this is to eliminate the distance requirements from less sensitive sites: alcohol related sites, governmental, public buildings and institutions of higher education, that are not frequented by minors. Any church existing as of January 1 , 1999 will continue to be assured of 500 feet of separation, but any church which requests a conditional use permit in the future will not be assured of separation from these uses. With these modifications, the City Attorney believes that a sufficient number of sites are available. See the strike-out insert version of Section 5.88.040 below. 5.88.040 Location. IX7 A. No adult entertainment establishment shall be established i th q� following locations: On ' 1 . In any zone other than the SI k4service industrial zone, 2. Within five hundred feet of any residential zone or district; 2 f 'w�a :STAFF REPORT ZOA 98-7 JANUARY 28, 1999 3. Within two hundred (200) feet of any other zone or district except P (Public/Institutional District) which district shall have no separation requirement; 4. Within five hundred feet of any parcel of real property in which is located any of the following uses or facilities; a. Church, existing as of January 1 , 1999, defined in this chapter aslany facilities used primarily for worship of any religion, or used for other religious purposes, I C. Schools, defined in this chapter as: i. institutions for teaching or caring for minor children (e.g., child care facilities, preschools, day schools, elementary schools, secondary schools, high schools); and stitutions of higher learning Feeeiving ea)-7 The" aforesaid institutions may be funded and/or operated either by governmental public authorities or by private organizations, d. "Public park" or "recreational facility means public land which has been designated for park or recreational activities, including but not limited to, a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, open space, wilderness areas or similar public land within the city which is under the control, operation or management of the city park and recreation authorities; 5. I Within five hundred feet of any other adult entertainment establishment; 1 B. The measure of reference distance in this section shall be a straight line from the nearest property line containing the adult entertainment establishment to the nearest property line of an affected use, without regard to intervening structures. C. I If an adult entertainment bureau is to serve as a referral service only and no other type of adult entertainment business is conducted on the premises, the bureau shall not be subject to the location requirements of this section, but shall otherwise comply with city requirements with respect to the location of service establishments. (Ord. 770 § 2 (part), 1995) 3 STAFF REPORT ZOA 98-7 JANUARY 28, 1999 The enclosed maps represent the locational criteria specified above and indicate that in the Cook Street and Hovley Lane area four possible adult entertainment uses could be established and in the Country Club industrial park one such use could be established. More than 65 lots, many containing multi tenant buildings, will be available for these uses. The City Attorney also notes: "The second part of the ordinance amendment removes the locations standards from the licensing chapter (Chapter 5.88) and places them in the zoning chapter (Title 25). This will make the municipal code more coherent, in that zoning issues with respect to adult entertainment establishments will be included along with other zoning requirements in Title 25. This change also has the advantage of insulating the locational standards from invalidation, should the licensing scheme be declared to be invalid due to evolving judicial standards. If so, the city would be in a position to continue to regulate the location of adult entertainment establishments. Conversely, if the locational standards are declared invalid, the city will retain its licensing and regulatory scheme." The Planning Commission discussed this matter at length at three separate hearings and at a special subcommittee meeting held with experts in the field. The issue was how large an area was necessary in order for our ordinance to pass muster. The commission adopted its Resolution No. 1911 recommending the ordinance as outlined above on a 3-0-1 vote with Commissioner Jonathan absent and Commissioner Lopez abstaining. See enclosed report from City Attorney dated January 21 , 1999. CReviewed � /�Q.t�teve Smith pproved by:- t L� Philip Drell Fcvz w,dA LAW OFFICES OF BEST BEST 6 KRIEGER LLP y January 21, 1999 MEMORANDUM TO: Honorable Mayor, rs City Council, and City Manager Ray Diaz FROM: Robert W. Hargreav uty City Attorney RE: Propose Ordinance to Amend Sections.Relating to the Regulation of Adult Entertainment Establishments and Entertainers I. SUMMARY OF PROPOSED ACTION The proposed Ordinance contains a number of provisions intended to update the City's regulation of adult entertainment establishments and entertainers in light of recent judicial decisions, legislation and changes within the zones in which these uses are permitted. As discussed more fully below, the Ordinance VAII: A. Eliminate the current requirement that adult businesses and entertainers "pre- qualify" by obtaining a permit prior to operating as businesses or entertainers. Recent judicial decisions have rendered this type of requirement unenforceable as a "prior restraint" without sufficiently prompt judicial review. The permit requirement is replaced by a "registration" requirement, through which the City elicits useful information regarding adult businesses and entertainers, but does not pre-qualify them. If the businesses and entertainers do not comply with operational standards, the City will need to seek a court order to enjoin them, rather than simply denying them a permit. B. he "theater exception" is eliminated. Under prior law, cities were able to regulate adult entertainment activities within establishments licensed to sell alcoholic beverages, except"theaters, concer halls, or similar establishments." Recent legislation eliminated the"theater exception" from state codes. This Ordinance will eliminate the"theater exception" from the City's code, and permit regulation of these establishments to the full extent permitted by the Constitution. C. Additional operational standards are adopted to decrease the likelihood of elicit sexual contact at adult entertainment establishments. The regulations include prohibitions of physical contact and tipping between patrons and entertainers. These standards have been adopted by other cities, have been approved by the courts and are considered effective in reducing criminal activity generated by these types of uses. D. le locational standards for adult entertainment establishments within the City are updated to ensure compliance with constitutional standards that require that adequate sites be PJvJP()BUtW}84483 LAW OFFICES OF BEST BEST & KRIEGER LLP available for adult entertainment establishments. Also, the locational standards are moved to the zoning code from the licensing chapter. II. DISCUSSION A. SUBSTITUTION OF REGISTRATION REOUIREMENT FOR PERMIT REOUMMENT. The First Amendment requires that municipal decisions limiting expressive activity be subject to prompt judicial review. It was previously believed that if City Council's decisions with respect to licensing of adult entertainment establishments and entertainers were made within a reasonable time (the Palm Desert Ordinance currently provides for a decision within 30 days) that the constitutional requirement was satisfied. In the recent decision, Baby Tam& Coml2anv v City of Las Vey, 154 F.3d 1097 (9th Cir. 1998), the Ninth Circuit of Appeal invalidated Las Vegas' sexually-oriented business ordinance as a prior restraint, because Nevada state law did not provide for sufficiently prompt judicial review. Local federal courts have reached similar conclusions with respect to California law. Consequently, it is unlikely that the City can now enforce its adult licensing scheme. More troubling still, the invalidity of the licensing scheme could render invalid the locational and operational standards which are contained in Chapter 5.88. The League of California Cities is currently working with the state legislature and the state judiciary in an attempt to remedy this problem by providing for prompt judicial review of First Amendment licensing decisions. Unfortunately, there is nothing that individual cities can do to remedy this problem, other than to desist from enforcing licensing schemes that involve prior restraints. The proposed Ordinance addresses this concern in two manners. First, in Section 2, the Ordinance suspends the effect of the sections that implement the City's current licensing scheme. These sections can be reactivated once the Bby Tam problem is addressed. Section 3 of the Ordinance adds a new chapter, Chapter 5.89 to the code to provide for the "registration" of adult entertainment establishments and entertainers. The registration procedure is very similar to the current process, except that the issuance of a registration certificate is a ministerial act once the application is completed. As the City makes no decision regarding the qualifications of the applicant, there is no prior restraint and no need for prompt judicial review. Under the current licensing scheme the application is evaluated, and potentially disqualified, based on the applicant's recent conviction of sexually-related offense and/or non- compliance with locational standards. Under the registration process, the City will not have the option of stopping the establishment of an adult entertainment establishment that does not comply with the City's requirements by denying a permit. Instead, the City will receive sufficient information from the applicant to determine compliance, but will be limited to informing the applicant of non-compliance. RMPUB\RWfT4463 -2- LAW OFFICES BEST BEST & KRIEGER LLP M If the applicant persists, the City will need to seek a court order restraining operation of a non- compliant business. B. DE LET ON OF THE THEATER EXCEPTION. Prior to recent legislative amendments, state law provided that municipalities could regulate sexually-oriented entertainment within establishments licensed to sell alcoholic beverages, except establishments deemed to be"a theater, concert hall, or similar establishment primarily devoted to theatrical performances." Section 5.88.2400 of the Municipal Code incorporated the "theater exemption" into the City regulatory scheme. Unfortunately, some adult entertainment establishments attempted to masquerade as "theaters," generating a considerable amount of non-productive litigation. Upon request of the League of California Cities, in 1998 the legislature adopted AB726, which eliminated the theater exception, and enabled municipalities to regulate adult-oriented entertainment to the full extent permitted by the Unite States and California Constitutions. Section 14 of the proposed Ordinance takes advantage of AB726 to eliminate the theater exception from he City's code. C. ADDITIONAL OPERATIONAL STANDARDS. Section 5 of the proposed Ordinance adds additional operational standards for adult entertainment establishments that other California cities have adopted, and courts have approved, to diminish harmful secondary effects and reduce opportunities for elicit sexual activity within adult entertainment establishments. These new standards require: • that all indoor areas, except restrooms, be opened to view by management aL all times; • That areas within adult entertainment establishments be illuminated by specified minimum amounts of illumination; • That separate restroom facilities be provided for employees and patrons; • That adult entertainers perform on stages separated from patrons, • that there be no physical contact between patrons and entertainers; • Patrons are not allowed to directly tip entertainers; ,omplete nudity is prohibited; RT.IpLn3gRV n4a83 -3- LAW OFFICES OF BEST BEST & KRIEGER LLP f • Security guards may be required if the Chief of Police determines that their presence is necessary to maintain peace and to prevent illegal activity; • Massage, acupuncture, etc. is prohibited at adult entertainment establishments; • Security systems are required to monitor and record parking lot areas, and • No views of parking lots and doorways are not to be obstructed. D. UPDATED LOCATIONAL STANDARDS. Sections 6, 7, and 8 of the proposed Ordinance remove the locational standards pertaining to adult entertainment establishments from Chapter 55.88 ("Operation of Adult Entertainment Establishments") to Chapter 25.110 ("Location of Adult Entertainment Establishments"), a new chapter within the zoning code. Including locational and amortization standards with respect to adult entertainment establishments within the zoning code will make the municipal code more coherent, in that zoning issues with respect to adult entertainment establishments will be included along with other zoning requirements in Title 25. This change also has the advantage of insulating the locational standards from invalidation, should the licensing scheme be declared to be invalid due to evolving judicial standards. If so, the City would be in a position to continue to regulate the location of adult entertainment establishments. Conversely, if the locational standards are declared invalid, the City will retain its registration and regulatory scheme. The locational standards are modified to ensure that a constitutionally-sufficient number of sites are available under current circumstances within the service industrial zone. The code currently provides that adult entertainment establishments may locate in the service industrial zone, but at a distance of at least five hundred feet from: (1) churches (2) schools (pre-,primary, and secondary schools, as well as institutions of higher learning) (3) public parks and recreational areas (4) businesses involving on-premises sale of alcoholic beverages (5) other adult entertainment establishments When these locational standards were first enacted, they allowed sufficient sites within the service industrial zone to locate adult entertainment establishments. However, in the intervening years, sensitive uses, particularly churches, have located in the SI zone and have diminished the number of available sites. In order to ensure continued compliance with constitutional standards, it is necessary to amplify the available sites. After reviewing the matter, the Planning Commission recommends that the least objectionable manner of accomplishing this is to eliminate the distance requirements from less sensitive sites: alcohol-related sites and institutions of higher education, that are not frequented by minors. Distance standards are eliminated for churches located within the zone aWua\RWH\44e3 -4 I LAW OFFICES OF BEST BEST & KRIEGER LLP after January 1, 1998 an from public/institutional districts, which in this case would be the CVWD sewage treatment plant. Also, adult entertainment establishments will not be allowed on lots fronting on arterial roads (i.e., C ok Street), in order to diminish the obtrusiveness of these uses which may diminish surrounding property values. With these modifications, staff believes that a sufficient number of sites are available to meet current constitutional requirements- E. SEVz'D"B rTv AND CF0A COMPLIANCE. Section of the proposed Ordinance contains a standard"severability" clause which provides that a judicial determination that one part of the Ordinance is unconstitutional will not render unconstitutional the remaining portions of the Ordinance. Section I O provides a standard CEQA finding that there is no evidence to indicate that the proposed Ordinance will have a significant impact on the environment. RWH:slz cc: David J. Erwin, City Attorney PJAPLT VM\4483 _5 ORDINANCE NO, 905 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 5.88, ADDING CHAPTER 5.89, AND ADDING CHAPTER 25.110 OF THE PALM DESERT MUNICIPAL CODE REGARDING REGULATION OF ADULT ENTERTAINMENT ESTABLISHMENTS AND ADULT ENTERTAINERS. WHEREAS, Adult Entertainment Establishments require special supervision from the public safety agencies of the City in order to protect and preserve the health, safety, morals and welfare of the Patrons of such businesses as well as the citizens of the City; and WHEREAS, Adult Entertainment Establishments are frequently used for unlawful sexual activities, including prostitution and sexual liaisons of a casual nature; and WHEREAS, the concern over sexually transmitted diseases is a legitimate health concern of the City which demands reasonable regulation of Adult Entertainment Establishments in order to protect the health and well-being of the citizens; and WHEREAS, registration and permitting are legitimate and reasonable means of accountability to ensure that operators of Adult Entertainment Establishments comply with reasonable regulations and to ensure that operators do not knowingly allow their establishments to be used as places of illegal sexual activity or solicitation; and WHEREAS, there is convincing documented evidence that Adult Entertainment Establishments, because of their very nature, have a deleterious effect on both the existing businesses around them and the surrounding residential areas adjacent to them, causing increased crime and the downgrading of property values; and WHEREAS, it is recognized that Adult Entertainment Establishments, due to their nature, have serious objectionable operational characteristics, particularly when they are located in close proximity to each other, thereby contributing to urban blight and downgrading the quality of life in the adjacent area; and WHEREAS, the City Council desires to minimize and control these adverse effects and thereby protect the health, safety, and welfare of the citizenry; protect the citizens from increased crime; preserve the quality of life; preserve the property values and character of surrounding neighborhoods and deter the spread of urban blight; and WHEREAS, it is not the intent of this ordinance to suppress any speech activities protected by the First Amendment, but to enact a content-neutral ordinance which addresses the adverse secondary effects of Adult Entertainment Establishments, and RNVUB\RWM4364 -1 WHEREAS, it is not the intent of the City Council to condone or legitimize the distribution of obscene material, and the City Council recognizes that state and federal law prohibits the distribution of obscene materials and expects and encourages law enforcement officials to enforce State obscenity statutes against any such illegal activities in the City. In enacting this Chapter, the City Council neither supplants state obscenity legislation nor redefines the state standard for obscene live conduct; and WHEREAS,Baby Tam&Co., Inc. v. City of Las Vegas, 154 F.3d 1097 (9th Cir. 1998) casts doubt on the City's ability to enforce its current requirement for permits for Adult Entertainment Establishments and Adult Entertainers due to the possibility that California courts do not provide sufficiently prompt judicial review of permit decisions. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES ORDAIN AS FOLLOWS: SECTION 1 FINDINGS The City Council of the City of Palm Desert, California, hereby finds that: A. The City Council, in adopting this Chapter, takes legislative notice of the existence, content and findings of the following studies and cases concerning the existence and regulation of adverse secondary effects of Adult Entertainment Establishments in other cities: Phoenix, Arizona (1979); Garden Grove, California(1991);Los Angeles, California(1977);Whittier, California (1978); Indianapolis, Indiana (1984); Minneapolis, Minnesota (1980), Cleveland, Ohio (1977); Oklahoma City, Oklahoma (1986); Amarillo, Texas (1977); Austin, Texas (1986); Beaumont, Texas (1982); Houston, Texas (1983); Seattle, Washington (1989)' Tucson, Arizona (1990); State of Minnesota, Attorney General Report (1989); Newport News, Virginia (1996); St. Paul, Minnesota (1987), Corpus Christi, Texas(1995);National Law Center (1995); Young v. American Mini Theaters, Inc., 427 U.S. 50 (1976); City of Renton v. Playtime Theaters, Inc., 47S U.S. 41 (198fi);FW/PBS, Inc. v. City of Dallas, 493 U.S. 215 (1990); and Barnes v. Glen Theater, Inc., 501 U.S. 560 (1991); United States Court of Appeals 9th Circuit decisions, including but not limited to Topanga Press, Inc. v. City of Los Angeles, 989 F.2d IS24(1993); and Spokane Arcade, Inc., v. City of Spokane, 75 F.3d 663 (1996); several California cases, including but not limited to City of National City v. Weiner, 3 CalAth 832 (1993);People v. Superior Court, (Lucero) 49 Cal.3d 14 (1989); and City of Vallejo V. Adult Books, 167 Ca1.App.3d 1169(1985); and other federal cases including Mitchell v. Commission on Adult Entertainment Establishment (3rd Cir. 1993) 10 F.3d 123, Hang On, Inc. v. City of Arlington(5th Cir. 1995)65 F.3d 1248,Lakeland Lounge v. City of Jacksonville (5th Cir. 1992) 973 F.2d 1255;Star Satellite, Inc. v. City of Biloxi (5th Cir. 1986) 779 F.2d 1074;Matney v. County of Kenosha (7th Cir. 1996) 86 F.3d 692; International Eateries of America, Inc. v. Broward County (I Ith Cir. 1991)941 F.2d 1157; U.S. v. Tlrevis, 665 F.2d 618 (1982);Kev, Inc. v. Kitsap County (9th Cir. 1986) 793 F.2d 1053; and Colacurcio v. City of Kent, 1998 WL 848036 (9th Cir.); B. The City Council finds that these studies and decisions (hereinafter "Studies") are, in whole or in part, relevant to the problems addressed by the City of Palm Desert in enacting this RNQLTB\RVAiA364 "2- ordinance to reaffirm and strengthen the regulation of the adverse secondary effects of Adult Entertainment Establishments, and more specifically finds that these Studies provide convincing evidence that: 1. Adult Entertainment Establishments are linked to and associated with increases in crime rates in those areas in which they are located and in surrounding areas. 2. Both the proximity of Adult Entertainment Establishments to sensitive land uses and the concentration of Adult Entertainment Establishments tend to result in the blighting and deterioration of the areas next to which, and near which, they are located. 3. There is substantial evidence that an increase in crime tends to accompany, concentrate around, and be aggravated by Adult Entertainment Establishments, including but not limited to an increase in the crimes of narcotics distribution and use, prostitution, pandering, and violence against persons and property. The studies from other cities establish convincing evidence that Adult Entertainment Establishments which are not regulated as to permissible locations often have a deleterious effect on nearby businesses and residential areas, causing, among other adverse secondary effects, an increase in crime and a decrease in property values. 4. Based on the forgoing, the City Council finds and determines that special regulation of Adult Entertainment Establishments is necessary to ensure that their adverse secondary effects will not cause or contribute to an increase in crime rates or the blighting or deterioration of the areas in which they are located or surrounding areas. Adult Entertainment Establishments, for example, attract an undue number of transients and thus cause nearby residents and businesses to relocate. The need for such special regulations is based upon the recognition that Adult Entertainment Establishments not only cause adverse secondary effects but have seriously objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances or located in direct proximity to sensitive uses thereby having a deleterious effect upon an adjacent area. It is the purpose and the intent of these regulations to prevent or mitigate such adverse secondary effects which may be caused by Adult Entertainment Establishments. C. The locational requirements established by this Chapter do not unreasonably restrict the establishment or operation of constitutionally protected Adult Entertainment Establishments in the City of Palm Desert. A sufficient and reasonable number of appropriate locations for the operation of Adult Entertainment Establishments will remain available after the enactment of this Chapter. D. In developing this Chapter, the City Council has been mindful of legal principles relating to the regulation of Adult Entertainment Establishments and does not intend to suppress or infringe upon any expressive activities protected by the First Amendment of the United States Constitution or by Article 1, Section 2 of the California Constitution, but instead desires to enact reasonable time, place, and manner regulations that address the adverse secondary effects of Adult Entertainment Establishments. RMPUH\RW11\4364 -3' E. The City Council also finds that locational criteria alone do not adequately protect the health, safety and general welfare of the citizens of the City of Palm Desert, and thus certain requirements with respect to the ownership and operation of Adult Entertainment Establishments are in the public interest. In addition to the findings and Studies conducted in other cities regarding increases in crime rates, decreases in property values, and the blighting of areas in which such businesses are located, the City Council also takes legislative notice of the facts recited in the cases ofKev, Inc., v. Kitsap County (9th Cir. 1986) 793 F.2d 1053 and Colacurcio v. City of Kent, 1998 WL 848036 (9th Cir.), regarding how live adult entertainment results in adverse secondary effects such as prostitution, drug dealing, and other law enforcement problems. F. Zoning, permitting, licensing, and other police power regulations are legitimate, reasonable means of accountability to help protect the quality of life in the City of Palm Desert and to help assure that Owners, Operators and Performers of Adult Entertainment Establishments comply with reasonable regulations and are located in places that minimize the adverse secondary effects which naturally accompany the operation of such businesses. G. The City Council recognizes the possible harmful effects on children and minors exposed to the secondary effects of such Adult Entertainment Establishments and the deterioration of respect for family values, and the need and desire of children and minors to stay away from and avoid such businesses, which causes children to be fearful and cautious when walking through or visiting the immediate neighborhood of such businesses. The City Council desires to minimize and control the adverse secondary effects associated with the operation of Adult Entertainment Establishments and thereby protect the health, safety, and welfare of the citizens of Palm Desert; and in particular the health, safety and welfare of children and minors in the City; protect the citizens from increased crime; preserve their quality of life; preserve property values and the character of surrounding neighborhoods and businesses; deter the spread of urban blight and protect against the threat to health from the spread of communicable and sexually transmitted diseases. H. Nothing in this Ordinance is intended to authorize, legalize, or permit the establishment, operation, or maintenance of any business, building, or use which violates any applicable City ordinance or any statute of the State of California relating to public nuisances, unlawful or indecent exposure, sexual conduct, lewdness, obscene or harmful matter, or the exhibition or public display thereof. I. The City Council finds the following in part, based upon its understanding of the judicial decisions and the reports, Studies and other documents in the public record. 1. Evidence indicates that some dancers, models, entertainers, and other persons, who publicly perform Specified Sexual Activities or publicly display Specified Anatomical Areas in Adult Entertainment Establishments, as those terms are defined herein, have been found to engage in sexual activities with Patrons of Adult Entertainment Establishments on the site of the Adult Entertainment Establishments; RMPUB\RWH\4364 _4_ 2. Evidence indicates that the existence of Adult Entertainment Establishments which permit nudity has been shown in some cities such as Newport Beach and Anaheim, California, to increase the secondary effects of crime and decreased property values. 3. Evidence has demonstrated that entertainers employed by Adult Entertainment Establishments have been found to offer and provide private shows to patrons who, for a price, are permitted to observe and participate with the entertainers in live sex shows; 4. Evidence indicates that entertainers at Adult Entertainment Establishments have been found to engage in acts of prostitution with patrons of the establishment; and 5. Evidence indicates that fully enclosed booths, individual viewing areas, and other small rooms whose interiors cannot be seen from public areas of the Adult Entertainment Establishments regularly have been found to be used as locations for engaging in unlawful sexual activity; 6. As a result of the above, and the increase in the incidence of AIDS and Hepatitis B, which are both sexually transmitted diseases, the City Council has a substantial interest in adopting regulations which will reduce to the greatest extent possible, the possibility for the occurrence of casual sex acts at Adult Entertainment Establishments. I In regulating nudity and semi-nudity in Adult Entertainment Establishments, the City Council does not intend to proscribe the communication of erotic messages or any other communicative element or activity, but rather only to regulate such nudity due to the adverse secondary effects associated therewith, and K. The City Council also finds, as a wholly independent basis, that it has a substantial public interest in preserving societal order and morality, and that such interest is furthered by the regulation of nudity; and L. While the City Council desires to protect the rights conferred by the United States and California Constitutions on Adult Entertainment Establishments, it does so in a manner that ensures the continued and orderly development of property within the City and diminishes, to the greatest extent feasible, those undesirable secondary adverse effects which the Studies have shown to be associated with the development and operation of Adult Entertainment Establishments; and M. The City Council finds that preventing the direct exchange of money between entertainers and patrons also reduces the likelihood of drug and sexual transactions occurring in Adult Entertainment Establishments; and N. Requiring a ten foot separation between entertainers and patrons reduces the likelihood that such persons will negotiate narcotics sales or negotiate for the purpose of engaging in sexual activities or obtaining sexual favors within the Adult Entertainment Establishments; and wvgVB\RWM4364 -5 O. Enclosed or concealed booths and dimly-lit areas within Adult Entertainment Establishments greatly increase the potential for misuse of the premises, including unlawful conduct of a type which facilitates transmission of disease. Requirements that all indoor areas be open to view by management at all times, and that adequate lighting be provided are necessary in order to reduce the opportunity for, and therefore the incidence of illegal conduct within Adult Entertainment Establishments, and to facilitate the inspection of the interior of the premises thereof by law enforcement personnel. SECTION 2 AMENDMENT OF CODE Section 5.88.015 is hereby added to Chapter 5.88 to read as follows: "Section 5.88.015 Suspension of permit requirement. Due to the current uncertainty with respect to the enforceability of prior permits for adult entertainers and establishments, the sections of this chapter that require and enforce permit requirements (i.e., Sections 5.88.030, 5.88.090, 5.88.100, 5.88.110, 5.88.120, 5.88.125, 5.88.130, 5.88.180 and 5.88.190), shall be suspended until such time as the City Council determines that those sections may be properly enforced. To the extent that the remaining sections of this chapter refer to a permit or permit holder, that reference shall be construed to refer to the Registration Certificate required by Chapter 5.89 and to the holder of that Certificate." SECTION 3 AMENDMENT OF CODE Chapter 9 is hereby added to Title 5 of the Palm Desert Municipal Code to read as follows: "Chapter 5.89 REGISTRATION OF ADULT ENTERTAINMENT ESTABLISHMENTS AND ADULT ENTERTAINERS. Sections: 5.89.010 Purpose. 5.89.020 Definitions. 5.89.030 Registration of adult entertainment establishments. 5.89.040 Registration of adult entertainers. 5.89.050 Prohibition of ownership, management, or entertainment by persons recently convicted of sexually-related offenses. 5.89.060 Issuance of registration certificates. 5.89.010. Purpose. The purpose of this chapter is to facilitate regulation of Adult Entertainment Establishments and Adult Entertainers pending resolution of issues regarding the prior-permitting of those establishments and entertainers raised in Baby Tam & Co., Inc. v. City of Las Vegas, 154 F.3d 1097 RNVUWRWFn4364 -6- (9th Cir. 1998). The intention of the registration requirement is to provide enforcement agencies sufficient information to assist them in ensuring that criminal elements do not infiltrate such establishments, that minors are not employed in such establishments, and that the establishments will comply with zoning and operational standards imposed by this Code. Section 5.89.020. Definitions. "Adult Entertainment Establishment" and "Adult Entertainer" shall be defined as in Section 5.88.020. Section 5.89.030. Registration of adult entertainment establishments. A. Any person, association, partnership or corporation desiring to obtain a business license tax certificate for an Adult Entertainment Establishment shall make an application, under oath, to the city manager on a form provided by city manager showing: 1. The name, current permanent residential address and telephone number of the applicant; 2. The business name, proposed business address of the adult entertainment establishment and its telephone number. a. If the applicant is a corporation, the name shall be exactly as set forth in its articles of incorporation and it shall provide a copy of its articles of incorporation. The applicant shall show the name and residence address of each of the officers, directors and each stockholder owning not less than ten percent of the stock of the corporation and the address of the corporation itself, if different than the address of the Adult Entertainment Establishment. The applicant shall show that the corporation is in good standing under the laws of California. b. If the applicant is a partnership, the application shall show the name and residence address of each of the partners, including limited partners and the address of the partnership itself, if different than the address of the adult entertainment establishment; 3. The name and permanent address of the owner of the property upon which the applicant intends to locate the Adult Entertainment Establishment, 4. In the event the applicant is not the owner of record of the real property upon which the Adult Entertainment Establishment is or will be located, the application must be accompanied by a notarized statement from the owner of record of the real property acknowledging that an adult entertainment establishment is or will be located on the property. In addition, the applicant must furnish a copy of the lease or rental agreement pertaining to the premises in which the Adult Entertainment Establishment will be located; 5. The date, hours and location where the adult entertainment establishment is proposed to be conducted, and the admission fee, if any, to be charged; RWUBV2WH\4364 -7- 6. The name(s) of person(s) having the management or supervision of the applicant's business; 7. Whether or not the applicant has ever had any similar license or permit revoked or suspended, or has had any professional or vocational license or permit revoked or suspended, and the reasons therefor, and the business activity or occupation subsequent to such action of suspension or revocation. If the applicant is a corporation, this requirement applies to each of the officers, directors and/or stockholders owning not less than ten percent of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners; 8. Driver's license or other acceptable identification and social security number of the applicant. If the applicant is a corporation, this requirement applies to each of the officers, directors and/or stockholders owning not less than ten percent of the stock of the corporation. If the applicant is a partnership,this requirement applies to each of the partners, including limited partners; 9. Acceptable written proof that the applicant is at least eighteen years of age. If the applicant is a corporation, this requirement applies to each of the officers, directors and/or stockholders owning not less than ten percent of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners; 10. The height, weight, color of eyes, color of hair and date of birth of the applicant. If the applicant is a corporation, this requirement applies to each of the officers, directors and/or stockholders owning not less than ten percent of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners; 11. The business, occupation or employment history of the applicant for the last five-year period immediately preceding the date of filing of the application. If the applicant is a corporation, this requirement applies to each of the officers, directors and/or stockholders owning not less than ten percent of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners; 12. Each residence and business address of the applicant for the five-year period immediately preceding the date of the filing of the application. If the applicant is a corporation, this requirement applies to each of the officers, directors and/or stockholders owning not less than ten percent of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners; 13. One front-face portrait photograph of the applicant at least two inches by two inches and a complete set of applicant's fingerprints which shall be taken by the city police. If the applicant is a corporation, one front-face portrait photograph at least two inches by two inches of all officers directors and stockholders owning not less than ten percent of the stock of the corporation and a complete set of the same officers', directors' and stockholders' fingerprints which shall be taken by the city police. If the applicant is a partnership, one front-face portrait photograph at least two inches by two inches in size of each partner, including limited partners in the partnership, and a complete set be taken by the city police; RWUB\RWH\6364 -8 14. A detailed description of the proposed entertainment, including type of entertainment, number of persons engaged in the entertainment and any further information about the entertainment or entertainers, as the city manager may deem necessary; 15. The name and address of any other adult entertainment establishment owned or operated by any person whose name is required to be given in subsection (A)(1) or (2) of this section, 16. A description of any other business to be operated on the same premises or on adjoining premises owned or controlled by the applicant. If the applicant is a corporation, this requirement applies to each of the officers, directors and/or stockholders owning not less than ten percent of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners; 17. Authorization for the city, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the permit; 18. Such other identification and information necessary to discover the truth of the matters required to be set forth in the application; 19. Applicant must furnish for any person whose name is required to be given in subsection(A)(6) of this section the information requested by subsection (A)(1), (9), (10), (11), (12), (13), (14), (15), (16), and (18), 20. Whether the applicant or any other individuals required to be listed on the application has within that two- or a five-year period as specified in Section 5.89.050 immediately preceding the date of the application, been convicted of a specified criminal, and, if so, the specified criminal act involved, the date of conviction and the place of conviction; 21. A sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared,but it must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches; 22. A current certificate and straight-fine drawing prepared within thirty days prior to application by a California registered land surveyor depicting the property lines of the proposed adult entertainment establishment and any uses, zones or districts, for which distance standards are in effect pursuant to section 25.110.010. B. The holder of the Registration Certificate for an Adult Entertainment Establishment shall notify the city's code compliance department of each change in any of the data required to be furnished by this section within thirty days after such change occurs." FAVUB\RWM4364 '9- Section 5.89.040. Registration of adult entertainers. A. Any person desirous of being engaged as an adult entertainer must first register pursuant to this section. Application shall be made to the City Manager. B. An application for adult entertainment registration certificate shall include the following: 1. Name, including all names, nicknames and aliases by which the applicant has been known; and residence addresses for the last three years; 2. Social security number, driver's license number, if any, and date of birth; 3. Applicant's weight, height, color of hair and eyes, and sex; 4. Written evidence that the applicant is at least eighteen years of age; 5. Fingerprints of the applicant by the police department; 6. Two front-faced portrait photographs taken within thirty days of the date of application and at least two inches by two inches in size; 7. Whether the applicant has within the two- or five-year period as specified in Section 5.89.050 immediately preceding the date of the application, been convicted of a specified criminal act and, if so, the specified criminal act involved, the date of conviction and the place of conviction. 8. Authorization for the city, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application, 9. Written declaration by the applicant, under penalty of perjury, that the foregoing information contained in the application is true and correct, said declaration being duly dated and signed in the city. (Ord. 770 § 2 (part), 1995)." Section 5.89.050. Prohibition of ownership, management, or entertainment by persons recently convicted of sexually-related offenses. A. "Specified criminal acts" with respect to this chapter means acts which are sexual crimes against children, sexual abuse, rape, or crimes connected with Adult Entertainment Establishments including, but not limited to the distribution of obscenity or material harmful to minors, prostitution or pandering. B. No Adult Entertainment Establishment shall operate within the city, nor shall an Adult Entertainer perform within the city, if any person required to be listed on an application pursuant to Sections 5.89.030 or 5.89.040 has been convicted of a "specified criminal act" for which: RJAPUB\R VM\436C -10- 1. Less than two years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a misdemeanor offense for the specified criminal acts; 2. Less than five years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a felony offense, for a specified criminal act; 3. Less than five years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the convictions are of two or more misdemeanors for the specified criminal act occurring within any 24-month period; 4. The fact that a conviction is being appealed shall have no effect on disqualification of the applicant; Section 5.89.060. Issuance of registration certificates. Upon receipt of an application under Section 5.89.030 or 5,89.040, the city manager or his designee shall determine, within two business days, if the information provided is complete. If the information is complete, the city manager shall issue a "registration certificate" indicating that the applicant has complied with the requirements of this chapter. If the information is not complete, the city manager shall provide written notice to the applicant of the reasons for the determination that the application is incomplete." SECTION 4 AMENDMENT OF CODE Section 5.88.240 ("Regulations Not Applicable to Theaters, Concert Halls or Similar Establishments") is hereby deleted in its entirety. SECTION 5 AMENDMENT OF CODE Section 5.88.070 of the Palm Desert Municipal Code shall be amended to add the following: "J. All indoor areas of the adult entertainment establishment within which patrons are permitted, except restrooms, shall be open to view by the management at all times. K. All areas of the adult entertainment establishment which are accessible to the public shall be illuminated at a minimum of the following foot candles, minimally maintained and evenly distributed at ground level: RNffUW twx\a3ta Foot-Candles Bookstores and other retail establishments 20 Theaters and cabarets 5 (except during performances, at which time lighting shall be at least 1.25 foot-candles) Arcades 10 Motels/Hotels 20 (in public areas) Modeling Studios 20 L. Patrons and employees shall not use the same restrooms. The adult entertainment establishment shall provide and maintain separate restroom facilities for male patrons and employees, on the one hand, and female patrons and employees, on the other. Male patrons and employees shall be prohibited from entering any restroom for females, and female patrons and employees shall be prohibited from entering any restroom for males, except when an employee carries out duties of repair, maintenance or cleaning of the restroom facilities. All restrooms shall be free from any adult entertainment materials. No restroom shall contain television monitors or other motion picture or video projection, computers, recording or reproduction equipment. The foregoing.provisions of this paragraph shall not apply to a adult entertainment establishment which deals exclusively with sale or rental of adult entertainment materials which are not used or consumed on the premises, such as an adult bookstore, or adult video store, and which does not provide restroom facilities to its patrons or the general public. M. The following additional requirements shall pertain to adult entertainment establishments which provide live performances in adult cabarets or adult theaters: 1. No person shall perform live entertainment for patrons of a adult entertainment establishment except upon a stage at least two feet above the level of the floor which is separated by a distance of at least ten feet from the nearest area occupied by patrons, and no patron shall be permitted within ten feet of the stage while the stage is occupied by an adult entertainer. 2. The adult entertainment establishment shall provide separate dressing room facilities for adult entertainers which are exclusively dedicated to the adult entertainers' use. No public access will be permitted to any dressing room facility. 3. The adult entertainment establishment shall provide an entrance and exit for adult entertainers which is separate from the entrance and exit used by patrons. 4. The adult entertainment establishment shall provide access for adult entertainers between the stage and the dressing rooms which is completely separated from the Patrons. If such separate access is not physically feasible, the adult entertainment establishment shall tu.GYue\xxwnas A -12- provide a minimum three foot wide walk aisle for entertainers between the dressing room area and the stage, with a railing, fence or other barrier separating the adult entertainers and the entertainers capable of, and which actually results in, preventing any physical contact between patrons and adult entertainers. 5. No adult entertainer, either before, during or after performances, shall have any physical contact with any patron and no patron shall have physical contact with any entertainer either before, during or after performances by such adult entertainer. This subsection shall only apply to physical contact on the premises of the adult entertainment establishment. 6. Fixed rails at least 30 inches in height shall be maintained establishing the separations between adult entertainers and patrons required by this section. 7. No patron shall directly pay or give any gratuity to any adult entertainer and no adult entertainer shall accept any pay or gratuity directly from any patron. Gratuities may be placed in or on receptacles located at least six (6) feet from adult entertainers. N. No operator, owner or other person with managerial control over an adult entertainment establishment shall permit any person on the premises of an adult entertainment establishment to engage in a live showing of any specified anatomical areas. This provision may not be complied with by applying an opaque covering simulating the appearance of the specified anatomical areas required to be covered. O. No adult entertainment establishment entertainer on the premises of an adult entertainment establishment shall engage in a live showing of any specified anatomical areas. This provision may not be complied with by applying an opaque covering simulating the appearance of the specified anatomical areas required to be covered. P. An adult entertainment establishment shall employ security guards if it is determined by the Chief of Police that their presence is necessary in order to maintain public peace and safety and to prevent any illegal activity from occurring on the premises. Q. The adult entertainment establishment shall not conduct any massage, acupuncture, body wrapping, tattooing, accupressure, fortune-telling or escort services on the premises. R. The adult entertainment establishment shall provide a security system that visually records and monitors all parking lot areas, at all times that the business is open or occupied for business. S. Views of parking areas and doorways of adult entertainment establishments shall be unobstructed so as to allow visibility of these areas from the public right-of-ways." SECTION 6 AMENDMENT OF CODE PJAPUM VI Ma36a -13- Sections 5.88.040("Location') and 5.88.060 ("Amortization of Non-Conforming Uses") are deleted in their entirety. SECTION 7 AMENDMENT OF CODE Section 25.34.020(M) ("Permitted Uses" within Service Industrial Districts) is hereby amended to read as follows: "M. Adult entertainment establishments as permitted by Chapter 5.88 subject to compliance of the specific use with the locational requirements of Chapter 25.110 and parking requirements of Chapter 25.58 of this code (i.e., adult bookstore shall comply with parking required for a bookstore in the general commercial C-1 zone). A parking requirement modification shall be available to businesses which operate only between the hours of five p.m. and five a.m. subject to it being determined by the zoning administrator that there is adequate off-street parking available." SECTION 8 AMENDMENT OF CODE Chapter 25.110 is added to the Palm Desert Municipal Code to read as follows: "LOCATION AND AMORTIZATION OF ADULT ENTERTAINMENT ESTABLISHMENTS Section 25.110.010 Location. A. No adult entertainment establishment shall be established in the following locations: 1. In any zone other than the SI JSr service industrial zonee� na ' a ram1 is&o 2. Within five hundred (500) feet of any residential zone or district. 3. Within two hundred (200) feet of any other zone or district except P (Public/Institutional District) which District shall have no separation requirement. 4. Within five hundred (500) feet of any parcel of real property in which is located any of the following uses or facilities; a. Church, existing as of January 1, 1999, defined in this chapter as any facilities used primarily for worship of any religion, or used for other religious purposes. b. Schools, defined in this chapter as institutions for teaching or caring for minor children(e.g., child care facilities, preschools, day schools, elementary schools, secondary schools, high schools). t,1"ua\RWM4164 -14- The aforesaid institutions may be funded and/or operated either by governmental public authorities or by private organizations. C. Public park or recreational facility which means public land which has been designated for park or recreational activities, including but not limited to, a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, open space, wilderness areas or similar public land within the city which is under the control, operation or management of the city park and recreation authorities; 5. On any parcel which fronts on an arterial street. 6. Within five hundred feet of any other adult entertainment establishment; B. The measure of reference distance in this section shall be a straight line from the nearest property line containing the adult entertainment establishment to the nearest property line of an affected use, without regard to intervening structures. C. If an adult entertainment bureau is to serve as a referral service only and no other type of adult entertainment business is conducted on the premises, the bureau shall not be subject to the location requirements of this section, but shall otherwise comply with city requirements with respect to the location of service establishments. Section 5.110.020. Amortization of Nonconforming Uses. The other provisions of this Title 25 dealing with nonconforming uses shall not be applicable to adult entertainment establishments. Instead, the following amortization schedule shall apply to all adult entertainment establishments which do not conform to the terms of this chapter but otherwise are legally existing on the effective date of the action that renders the use nonconforming. A. For an adult entertainment establishment legally existing in the city for a period of no less than six months preceding the effective date of the action: one hundred twenty days; B. For an adult entertainment establishment legally existing within the city for a period of no less than three months preceding the effective date of the action: ninety days- C. For an adult entertainment establishment legally existing within the City for any period up to three months preceding the effective date of the action: sixty days." SECTION 9 SEVERABILITY If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The City Council hereby determines that it would have nn1PuB\awfn43e4 -15- passed each sentence, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective. SECTION 10 CEQA COMPLIANCE Pursuant to state and local environmental regulations, it has been determined that the regulations encompassed in this ordinance are not considered to have a significant impact on the environment. The proposed action is further deemed to be classified as a Categorically Exemption pursuant to state and City environmental regulation. PASSED, APPROVED AND ADOPTED this day of , 19 by the City Council of the City of Palm Desert, California, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ROBERT A. SPIEGEL, Mayor City of Palm Desert, California ATTEST: SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California RAVUB\R VIH 4364 -16- PLANNING COMMISSION RESOLUTION NO. 1911 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF A ZONING ORDINANCE AMENDMENT AS IT RELATES TO MUNICIPAL CODE CHAPTER 5.88 AND SECTION 25.34.020 M AND TO ADD CHAPTER 25.110 REGARDING THE LOCATION OF ADULT ENTERTAINMENT ESTABLISHMENTS. CASE NO. ZOA 98-7 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 1st day of December, 1998, hold a duly noticed public hearing which was continued to December 15, 1998 and January 5, 1999, to consider the above noted zoning ordinance amendment; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 97-18," in that the Director of Community Development has determined the amendment to be a Class 5 categorical exemption for the purposes of CEQA; and WHEREAS, adult entertainment establishments in the incorporated area of the City of Palm Desert require special supervision from public safety and health agencies of the City and County of Riverside in order to protect and preserve the health, safety and welfare of the patrons of such establishments as well as citizens of the City; and WHEREAS, the city attorney and staff have conducted an extensive review of land use studies concerning the secondary effects of adult entertainment establishments in other cities including, but not limited to, Garden Grove, California (1991); Phoenix, Arizona 11986); Minneapolis, Minnesota (1980); Houston, Texas (1983); Indianapolis, Indiana (1984); Amarillo, Texas (1977); City of Los Angeles, California (1977); Cleveland, Ohio (1977); Austin, Texas (1986); Seattle, Washington (1989); Oklahoma City (1986); Beaumont, Texas (1982); and Whittier, California (1978); have conducted its own studies, surveys and questionnaires of real estate appraisers, business persons and residents in Palm Desert; and WHEREAS, from review of the other cities' studies and the City's own surveys and testimony from its citizens, there is convincing documented evidence that adult entertainment establishments, because of their very nature, have a deleterious effect on both existing businesses around them and the surrounding residential areas adjacent to them, causing among other adverse secondary effects, increased crime and downgrading of property values; and WHEREAS, it is recognized that adult entertainment establishments are frequently used for sexual activities including prostitution and for other sexual liaisons of a casual nature in places open to the public; and PLANNING COMMISSION RESOLUTION NO. 1911 WHEREAS, increased crime and unhealthful conduct tend to accompany, concentrate around and be aggravated by adult entertainment establishments; such crime and unhealthful conduct includes but is not limited to prostitution, pandering, exposing minors to harmful materials, possession and distribution of obscene materials and child pornography, possession and sale of controlled substances and violent crimes against persons and property; and WHEREAS, the Planning Commission has considered in part, each of the following matters: (a) areas within close walking distance of single and multiple family dwellings should be free of adult entertainment establishment uses; (b) areas where children could be expected to walk, patronize, or frequent should be free of adult entertainment establishment uses; (c) adult entertainment establishment uses should be located in areas of the City which are not in close proximity to residential uses, churches, parks, or other public facilities and schools regularly frequented by children; (d) the image of the City as a pleasant attractive place to reside will be adversely affected by the presence of adult entertainment establishment uses in close proximity to residential land uses, churches, parks and other public facilities, and schools; (e) adult entertainment establishment uses should be regulated by zoning to separate them from other incompatible uses or uses which detract from other retail businesses, in particular, just as any other land use should be separated from uses with characteristics different from itself; (f) residents of the city and persons who are non- residents but use the city for shopping and other commercial needs will move from the community or shop elsewhere if adult entertainment establishment land uses are allowed to locate in close proximity to residential uses, churches, parks and schools; (g) appraisers familiar with commercial and residential properties in the city have expressed their opinion that the presence of adult entertainment establishments near homes substantially increases crime and substantially decreases property values of such homes, and that location of such businesses in commercial areas tends to detract from the value of nearby commercial properties as well, and at the same time tends to lead to a substantial increase in crime, substantial decrease in safety of women and children, and to detract from the ability to attract other businesses to the area, as well as to detract from the ability of non-adult entertainment establishments to attract customers to the area, and (h) no evidence has been presented to show that location of adult entertainment establishments within the city will improve the commercial viability or quality of life of the community; and WHEREAS, zoning, licensing and other police power regulations are legitimate, reasonable means of accountability to help protect the quality of life in the community and to help assure that all operators of adult entertainment establishments comply with reasonable regulations and are located in places that minimize the adverse secondary effects which naturally accompany the operation of such businesses; and WHEREAS, the City recognizes.the possible harmful effects on children and minors exposed to the effects of such businesses and the deterioration of respect for family values, 2 PLANNING COMMISSION RESOLUTION NO. 1911 and the need and desire of children and minors to stay away from and avoid such businesses, which causes children to be fearful and cautious when walking through or visiting in the immediate neighborhood of such businesses; and WHEREAS, the Planning Commission finds that there would be a deterioration in the quality of businesses which choose to operate in and around adult entertainment establishments; and WHEREAS, the Planning Commission desires to minimize and control these adverse secondary effects and thereby protect the health, safety and welfare of the citizens; protect the citizens from increased crime; preserve the quality of life; preserve the property values and the character of surrounding neighborhoods and businesses, deter the spread of urban blight and protect against the threat to health from the spread of communicable and sexually transmitted diseases; and WHEREAS, the Planning Commission has considered the decisions of the United States Supreme Court regarding local regulation of adult entertainment establishments, including but not limited to, Young v American Mini-Theatres Inc 427 U.S. 50 (1976) reh denied 475 U.S. 1132; FW/PBS Inc. v. Dallas, 493 U.S. 215 (1990); Barnes v. Glen Theatre, 111 S. Ct. 2456 (June 21, 1991); and WHEREAS, it is not the intent of the Planning Commission to suppress any speech activities protected by the First Amendment, but to provide content neutral regulations which address the adverse secondary effects of adult entertainment establishments; and WHEREAS, it is not the intent of the Planning Commission to condone or legitimize the distribution of obscene material, and the Commission recognizes that state law prohibits the distribution of obscene materials and expects and encourages law enforcement state and local enforcement officials to enforce state obscenity statutes against such illegal activities in the city; NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1 . That the above recitations are true and correct and constitute the findings of the Commission in this case. 2. That Zoning Ordinance Amendment 98-7 attached hereto as Exhibit "A" is hereby recommended to City Council for approval. 3 PLANNING COMMISSION RESOLUTION NO. 1911 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 5th day of January, 1999, by the following vote, to wit: AYES: BEATY, FINERTY, CAMPBELL NOES: NONE ABSENT: JONATHAN ABSTAIN: LOPEZ l- SONIA M. CAMPBELL, Chairperson ATTEST: PHILI DRELL, cre ary Palm Desert Pla ing Commission 4 PLANNING COMMISSION RESOLUTION NO. 1911 EXHIBIT "A" Sections 5.88.040 ("Location") and 5.88.060 ("Amortization of Non-Conforming Uses") are deleted in their entirety. Section 25.34.020(M) ("Permitted Uses" within Service Industrial Districts) is hereby amended to read as follows: M. Adult entertainment establishments as permitted by Chapter 5.88 subject to compliance of the specific use with the locational requirements of Chapter 25 110 and parking requirements of Chapter 25.58 of this code (i.e., adult bookstore shall comply with parking required for a bookstore in the general commercial C-1 zone). A parking requirement modification shall be available to businesses which operate only between the hours of five p.m. and five a.m. subject to it being determined by the zoning administrator that there is adequate off-street parking available." Chapter 25.110 is added to the Palm Desert Municipal code to read as follows: "LOCATION AND AMORTIZATION OF ADULT ENTERTAINMENT ESTABLISHMENTS Section 25.110.010 Location. A. No adult entertainment establishment shall be established in the following locations: 1 . In any zone other than the SI or service industrial zones; 2. Within five hundred (500) feet of any residential zone or district; 3. Within two hundred (200) feet of any other zone or district except P (Public/Institutional District) which District shall have no separation requirement; 4. Within five hundred (500) of any parcel of real property in which is located any of the following uses or facilities, a. Church, existing as of January 1 , 1999, defined in this chapter as any facilities used primarily for worship of any religion, or used for other religious purposes; 5 PLANNING COMMISSION RESOLUTION NO. 1911 b. Schools, defined in this chapter.as institutions for teaching or caring for minor children (e.g., child care facilities, preschools, day schools, elementary schools, secondary schools, high schools); The aforesaid institutions may be funded and/or operated either by governmental public authorities or by private organizations. C. Public park or recreational facility means public land which has been designated for park or recreational activities, including but not limited to, a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, open space, wilderness areas or similar public land within the city which is under the control, operation or management of the city park and recreation authorities; 5. On any parcel which fronts on arterial streets; 6. Within five hundred feet of any other adult entertainment establishment. B. The measure of reference distance in this section shall be a straight line from the nearest property line containing the adult entertainment establishment to the nearest property line of an affected use, without regard to intervening structures; C. If an adult entertainment bureau is to serve as a referral service only and no other type of adult entertainment business is conducted on the premises, the bureau shall not be subject to the location requirements of this section, but shall otherwise comply with city requirements with respect to the location of service establishments. 25.1 10.020 Amortization of Nonconforming Uses. The other provisions of this Title 25 dealing with nonconforming uses shall not be applicable to adult entertainment establishments. Instead, the following amortization schedule shall apply to all adult entertainment establishments which do not conform to the terms of this chapter but otherwise are legally existing on the effective date of the action that renders the use nonconforming. A. For an adult entertainment establishment legally existing in the city for a period of no less than six months preceding the effective date of the action: one hundred twenty days; 6 PLANNING COMMISSION RESOLUTION NO. 1911 B. For an adult entertainment establishment legally existing within the city for a period of no less than three months preceding the effective date of the action: ninety days. C. For an adult entertainment establishment legally existing within the city for any period up to three months preceding the effective date of the action: sixty days. 7 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 1, 1998 describe physical parameters of the project in terms of square footage, number of seats, etc., and then a simple statement that to proceed beyond that would require submission and approval of a precise plan. He said staff would probably eliminate most of the conditions of approval that deal with the actual design and would just basically say it is for a church, the size, on this property and to go any further they would have to have a precise plan to define all the physical design elements. Commissioner Fernandez concurred with the other commissioners. He thought once the conditional use permit was obtained they could go ahead toward their goals and come back to the Planning Commission as explained by Commissioner Jonathan. He was in favor of the project. Action: It was moved by Commissioner Jonathan, seconded by Commissioner Finerty, approving the findings as presented by staff. Motion carried 5-0. It was moved by Commissioner Jonathan, seconded by Commissioner Finerty, adopting Planning Commission Resolution No. 1906 approving CUP 98-18, subject to conditions as amended. Motion carried 5-0. C. Case No. ZOA 98-7 - CITY OF PALM DESERT, Applicant Request for approval of an amendment to Chapter 5.88 and Section 25.34.020 (M) and to add Chapter 25.110 of the Palm Desert Municipal Code regarding the location of Adult Entertainment Establishments. Mr. Smith said staff distributed a second adult entertainment site map to commission this evening. One prescribed a 500 foot buffer; the other assumed a 300 foot buffer. As indicated in the staff report, under current interpretations of the First Amendment the City didn't have the ability to preclude or prohibit these uses. When they had a potential applicant come to staff and say he was having difficulty finding a location staff looked at the map and noted there were about six lots currently meeting the separation requirements. The lots were delineated in a checked fashion on the map and were basically around Mediterranean and St. Charles Place. Staff discussed this with the City Attorney's office and they had some concern so they started 37 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 1, 1998 looking at the existing ordinance and how they could continue to only allow these uses in the service industrial area, but also get back to providing a sufficient number of available lots that would result in our ordinance being declared valid. Currently they have the separation requirement from various other zones: R-1 , R-2, R-3, PR, PC, PI and C-1 . Also, the ordinance provided a buffer around churches, governmental buildings, schools, public parks, recreation, other adult entertainment establishments and businesses offering ABC licensed products. When they first created the ordinance, Mr. Smith thought there was only one ABC licensed facility in this area. Since then they have added more ABC licensed facilities and two churches, one of which is still there. The one at Joni Drive and Cook Street was no longer in operation. They took at look at how they could expand the area and came up with the first map retaining the 500 feet buffer, but most of those lots were still on Cook Street and in discussing this the last few days they thought that maybe the goal should be to get them off of Cook Street, but still create enough space and that was what the 300 foot map showed them, a 300 foot buffer and all of the lots fronting on Cook Street being eliminated from consideration. The recommendation before Commission was based on the 500 foot buffer, but if it was Commission's desire to accept the 300 foot buffer and eliminate those properties on Cook Street, then they could do that by amending the draft resolution accordingly. He said staff was open for discussion on this issue to see which direction they should be heading. Commissioner Jonathan asked why they couldn't do both. Why couldn't they have 500 feet and eliminate the parcels on Cook Street. Mr. Drell asked the City Attorney if that would allow the city to have sufficient spaces to meet court requirements. Commissioner Jonathan thought it was a fairly big area. Mr. Hargreaves informed Commission that the courts have said that cities have to allow a sufficient number of spaces but the courts have not elaborated on exactly what that amounts to. He said the city should have enough spaces to reasonably accommodate the uses because that would make the city less likely to be susceptible to a constitutional challenge. He explained the potential legal ramifications of not providing a sufficient number of spaces and felt the city should be as reasonably accommodating as possible while not necessarily degrading our neighborhoods and still trying to accommodate the community desires to not have these uses in inappropriate places. Chairperson Campbell asked Mr. Hargreaves if he felt someone would challenge the ordinance with a 500 foot buffer or 300 foot buffer. Mr. Hargreaves thought the 300 foot buffer was better. Taking out the lots along Cook Street could create some 38 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 1, 1998 problems but they might be able to open up more lots in another area. They also measured distances from the lot on which the use is located. If they measured the distance from the actual building, that could open up some more sites so those were the kinds of things they could do to open up as many areas as possible. He thought there was a reasonable area to accommodate the first one that comes in and once that one comes in they could reevaluate it. Commissioner Jonathan expressed concern about possibly having this type of use around the church and Chapman College area. He asked if it was possible with a 300 foot buffer to eliminate that area as well. Mr. Drell suggested maintaining 500 feet around the church and having 300 feet from residential uses. Also, if they created a minimum depth of the lot outside the buffer and made them eligible, then that would probably compensate for the loss of 500 feet around the church. Mr. Hargreaves said they weren't actually required to use the 300 feet or 500 feet distances. Based roughly on these distance standards they could determine what the appropriate areas would be and just designate them on the map, although they should reference some approximate 300 feet and 500 feet distances so people would understand how the locations were determined. Mr. Drell said that based on some proportionality of impacted parcels, if a parcel was 80% outside of the buffer then it was considered to be out. Mr. Hargreaves added that based on the City's desire to protect sensitive uses, they have come up with this kind of a zoning map and could delineate the appropriate areas. He noted that many lots were eliminated because the buffer zone at this point is within ten feet of the lot. Chairperson Campbell also noted that once they get one business, that could eliminate others because of the 500 foot buffer from it. Mr. Drell agreed and reiterated that once they receive some applications the City could reevaluate that particular restriction. Mr. Hargreaves said they might actually want to use the 300 foot separation from the different businesses initially. Commissioner Fernandez asked if there were any adult entertainment sites in the city. Staff replied no. Commissioner Finerty asked if it was possible since there was another service industrial area at Country Club and Washington to look at moving these potential businesses to that location. Mr. Drell said that they applied the same standards to them but there were churches and residential uses around it. Mr. Smith said with the current ordinance taking 500 feet from the east, 500 feet from the south, and 500 feet from the west they were left with one lot, but there was a church in there. If they went to a 300 foot buffer they might open up a lot or two in there. Mr. Drell said that the 39 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 1, 1998 ordinance would apply to any S.I. zone so they would have to apply it to that area as well. He noted that there were S.I. zoned properties in the city which have yet to be developed to the north. Chairperson Campbell asked about the freeway area around Cook. Mr. Drell said that area wasn't a service industrial zone, but overlaying planned commercial zones. In the area between Monterey and Portola against the freeway there were hundreds of areas of service industrial zoned property that had yet to be developed. Having a generalized geometry criteria that applies to all S.I. zones is one thing, but the other option was to physically designate on the map spaces based on some sort of system as long as there are enough areas in the entire city. Commissioner Finerty asked how many they felt would be enough. She thought it looked like they were jumping from the existing six to quite a few and she obviously agreed that no sexually oriented business should front on Cook. She felt that would be a horrible image for our city and was pretty surprised to see it proposed. Commissioner Finerty asked if they needed that big of an area. She didn't know how many lots there were in the existing section on the map legend. Mr. Drell said that if they eliminated lots along the boundary streets like Sheryl near the church and then included several more lots around Lennon, as well as partial lots, probably in terms of area they could probably make up for the lots being excluded around the church/Sheryl area. Commissioner Finerty agreed with Commissioner Jonathan that the distance from a church should be 500 feet. Mr. Drell asked for direction to either come up with some more iterations of this map or a motion to approve "a" map. Chairperson Campbell asked if the ordinance could be left as is until the first application is received and then review it. Mr. Drell replied no. Mr. Hargreaves explained why the ordinance should be amended and made current. Commissioner Finerty asked if staff could come back to Commission with the map removing the lots around Sheryl with the 500 foot buffer around the church and increasing the areas available on Lennon if it was necessary, removing all the frontage off of Cook but in addition to that providing a colored rendition of the other service industrial area at Country Club and Washington so that she could see why it wasn't feasible. Mr. Drell said yes and felt that a 300 foot buffer from residential zones would open up some parcels over there. Commissioner Finerty asked how many parcels the City Attorney felt were necessary. He felt the city should provide as many as possible. He explained the possible court process that could result from a challenge. Commissioner Finerty noted that right now there were six available parcels and if they look at the 300 foot buffer map asked how many parcel were there. Mr. Hargreaves guessed there were over 50 parcels and if they took the buffer down to 250 feet they would open up more lots because 40 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 1, 1998 the residential areas would be buffered by at least one service industrial parcel and they wouldn't be fronting on the same street, so the residential area would be pretty well buffered and they could still protect the church with a 500 foot separation. Commissioner Finerty noted there were at least 50 parcels on that map and asked if going from six to 50 was enough. Mr. Hargreaves said it was more acceptable. Commissioner Finerty asked how many parcels were on the first map with the 500 foot buffer. Mr. Drell noted that the 500 foot map included all the parcels on Cook Street. Commissioner Finerty said she was just trying to obtain numbers. Mr. Drell thought there were more on the 300 foot map, probably around 80, and if they eliminated the area around the church/Sheryl Avenue, there would still be more. He said that if they have agreed that the Cook Street frontage should be eliminated, providing the 500 feet around the church, and that large partial lots could go back in, then they could redraw it and see what they ended up with. He said they would also look at the area on Country Club and come back to the commission in two weeks. Commissioner Finerty asked if staff could also tell the commission how many parcels were in each one. Mr. Drell also noted that some parcels had multiple buildings on them and actually had many opportunities for siting. He thought they might even be able to isolate numbers of addresses and show that some of the big parcels had ten or 15 opportunities within that one parcel. Mr. Drell thought that with the same computer program that produced the map they could identify all the addresses on each one of the parcels. He suggested a two-week continuance. (There was no one in the audience to address the public hearing.) Commission concurred with the continuance. Action: It was moved by Commissioner Beaty, seconded by Commissioner Fernandez, to continue ZOA 98-7 to December 15, 1998 by minute motion. Motion carried 5-0. IX. MISCELLANEOUS None. X. COMMITTEE MEETING UPDATES A. CIVIC CENTER STEERING COMMITTEE - (No meeting) 41 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 15, 1998 D. Case No. ZOA 98-7 - CITY OF PALM DESERT, Applicant (Continued from December 1 , 1998) Request for approval of an amendment to Chapter 5.88 and Section 25.34.020 (M) and to add Chapter 25.110 of the Palm Desert Municipal Code regarding the location of Adult Entertainment Establishments. Commissioner Jonathan noted that he was a nearby property owner, about 500 feet away, and although technically he didn't believe there was a potential for financial gain, just to avoid the potential appearance of a conflict of interest he would be abstaining from discussion and voting in this matter. Staff distributed locational maps labeled A, B, C and D (copies attached hereto). Staff, commission and the City Attorney discussed the different maps and various possible combinations, as well as the locational criteria for each. Commissioner Finerty asked for and received clarification regarding the different service industrial zoned areas in the city, how the existing locational criteria affected each, and the possibility of distinguishing one service industrial area from another. After further discussion Mr. Drell recommended approval of Map C. Chairperson Campbell concurred. Mr. Drell noted that Map C would provide a 300-foot buffer around the church. Mr. Hargreaves felt that Map C would probably be acceptable with the existing 500-foot buffer remaining around the church. Mr. Drell asked if the City Attorney felt the remaining area was adequate with a 500-foot buffer around the church. Mr. Hargreaves concurred. Commissioner Finerty asked about the availability of the Cardiff building as a potential site with the 500-foot buffer and Map C. Mr. Smith explained that it was outside of the 500-foot buffer and would be eligible. Chairperson Campbell stated that she would be in favor of Map C with the inclusion of the 500-foot buffer around the church. Commissioner Finerty expressed concern about going from providing a few available areas to too many. Mr. Hargreaves advised having as many potential sites available as possible, but if there were real concerns about a particular area they could address them, but he advised the City to provide a reasonable number of areas. Commissioner Finerty asked if it was possible for Mr. Hargreaves to give the Commission ordinances from other cities to review. Mr. Hargreaves explained that what they couldn't see from a particular ordinance was how it actually affected property on the ground, which was what was important. He informed Commission that he had brought with him copies of a recent case out of Long Beach which discussed this issue and in that case the ordinance was successful and what it did was show the legal standards and talked about 26 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 5, 1999 what was being created. The standard would be a minimum of six spaces per complex plus two spaces for any caretaker unit. He noted that most people park right in front of their storage unit. Chairperson Campbell opened the public hearing and asked if anyone wished to speak in FAVOR or OPPOSITION to this matter. There was no one and the public hearing was closed. Action: It was moved by Commissioner Beaty, seconded by Chairperson Campbell, approving the findings as presented by staff. Motion carried 4-0. It was moved by Commissioner Beaty, seconded by Chairperson Campbell, adopting Planning Commission Resolution No. 1910, recommending to City Council approval of ZOA 98-8. Motion carried 4-0. G. Case No. ZOA 98-7 - CITY OF PALM DESERT, Applicant (Continued from December 1 and December 15, 1998) Request for approval of an amendment to Chapter 5.88 and Section 25.34.020 (M) and to add Chapter 25.110 of the Palm Desert Municipal Code regarding the location of Adult Entertainment Establishments. Mr. Drell noted that there was an omission in the summary sheet that he gave the commission and that was that residential uses would be 500 feet away as well as public parks. The map reflected that condition. The change from the current ordinance which allowed the expansion of available sites was that they moved the protection from the sewage treatment plan, restaurants which provide liquor, the city corporate yard and other public uses. They also moved the distance from vocational schools which didn't cater to minors. In terms of the protection from churches, residences, parks, and a separation distance of 500 feet, those standards were maintained. Staff also noted that the uses would be removed from arterial streets. Mr. Hargreaves informed commission that the subcommittee looked at the different maps and locations and he believed that the map before the commission allowed for sufficient locations for a city the size of Palm Desert, especially given the fact that there hasn't been a demonstrated demand for these kinds of businesses in the city. Also, 18 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 5, 1999 the sites and lots available in most cases have multiple sites upon them so there were potentially hundreds of locations within the zone. He felt that complied with the constitutional standards. With that they recommended this to the Planning Commission. Chairperson Campbell noted that the public hearing was open and asked if anyone wished to speak in FAVOR or OPPOSITION to the case. There was no one and the public hearing was closed. Action: It was moved by Commissioner Finerty, seconded by Commissioner Beaty, approving the findings as presented by staff. Motion carried 3-0-1 (Commissioner Lopez abstained). It was moved by Commissioner Finerty, seconded by Commissioner Beaty, adopting Planning Commission Resolution No. 1911 , recommending to City Council approval of ZOA 98-7. Motion carried 3-0-1 (Commissioner Lopez abstained). IX. MISCELLANEOUS None. X. COMMITTEE MEETING UPDATES A. CIVIC CENTER STEERING COMMITTEE - (No meeting) B. DESERT WILLOW COMMITTEE - (No meeting) C. PROJECT AREA 4 COMMITTEE - (No meeting) D. PALM DESERT/RANCHO MIRAGE MONTEREY AVENUE CORRIDOR PLANNING WORK GROUP - (No meeting) E. ZONING ORDINANCE REVIEW COMMITTEE - (No meeting) XI. COMMENTS 1 . Commissioner Beaty asked if a resolution of appreciation was going to be prepared for George Fernandez from the Planning Commission or if 19 73.510 FRED WARING DRIVE,PALM DESERT,CALIFORNIA92260 TELEPHONE(619)346A611 CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 98-7 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert City Council to consider an amendment to Chapter 5.88 and Section 25.34.020 (M) and to add Chapter 25.110 of the Palm Desert Municipal Code regarding the location of Adult Entertainment Establishments. Paste.FsXNote Fmm�, CY . ,K PMM� Fef M Fa*I ?iD'—Yl'3� SAID public hearing will be held on Thursday, January 28, 1999, at 7:00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the Department of Community Development at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. PUBLISH: Desert Sun SHEILA R. GILLIGAN, City Clerk January 16, 1999 City of Palm Desert, California 73-510 FRED WARING DRIVE,PALM DESERT,CALIFORN IA 92260 TELEPHONE(619)346-0611 CITY OF PALM DESERT LEGAL NOTICE . CASE NO. ZOA 98-7 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request to amend Chapter 5.88 and Section 25.34.020 (M) and to add Chapter 25.110 of the Palm Desert Municipal Code regarding the location of Adult Entertainment Establishments. SAID public hearing will be held on Tuesday, December 1, 1998, at 7:00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the Department of Community Development at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. PUBLISH: Desert Sun PHILIP DRELL, Secretary Nlnvember 16. 1998 Palm Desert Planning Commission LAW OFFICES OF BEST BEST 6 KRIEGER LLP November 3, 1998 MEMORANDUM TO: Steve Smith, Planning Manager City of Palm Des FROM: Robert W. Hargr uty City Attorney RE: Amendment to Locational Standards for Adult Entertainment Establishments Steve: We are proposing two amendments to the locational standards for the adult entertainment establishments: (1) Modify the locational standards to ensure that there are, within the city, an adequate number of sites available in which to locate adult entertainment establishments; and (2) Relocate the locational standards to the zoning code(Title 25)from their current location in the licensing section (Chapter 5.88) to increase the logical organization of the code and to insulate the locational standards from invalidity should the licensing standards at some point prove to be unenforceable due to evolving judicial standards. Under current interpretations of the First Amendment, the courts require that each city make available adequate sites for the location of adult entertainment establishments. Courts have not given us a clear answer as to how many sites are required. However, there should be sufficient available sites such that an adult entertainment establishment has a reasonable possibility of locating within the city. With respect to locational standards, the code currently provides that adult entertainment establishments may locate in the service industrial zone, but at a distance of at least five hundred feet from: (1) churches (2) schools(pre-,primary, and secondary schools, as well as institutions of ' higher learning) (3) public parks and recreational areas (4) businesses involving on-premises sale of alcoholic beverages (5) other adult entertainment establishments a�ctautwtrwaoz . LAW OFFICES OF BEST BEST & KRIEGER LLP When these locational standards were first enacted, they allowed sufficient sites within the service industrial zone to locate adult entertainment establishments. However, in the intervening years, sensitive uses, particularly churches, have located in the SI zone and have diminished the number of available sites. In order to ensure continued compliance with constitutional standards, it is necessary to amplify the available sites. In reviewing the matter, . staff has determined that the least objectionable manner of accomplishing this is to eliminate the distance requirements from less sensitive sites: alcohol related sites and institutions of higher education, that are not frequented by minors. With these modifications, staff believes that a sufficient number of sites are available. The second part of the ordinance amendment removes the locational standards from the licensing chapter(Chapter 5.88 ) and places them in the zoning chapter(Title 25). This will make the municipal code more coherent, in that zoning issues with respect to adult entertainment establishments will be included along with other zoning requirements in Title 25. This change also has the advantage of insulating the locational standards from invalidation, should the licensing scheme be declared to be invalid due to evolving judicial standards. If so, the city would be in position to continue to regulate the location of adult entertainment establishments. Conversely, if the locational standards are declared invalid, the city will retain its licensing and regulatory scheme. RN9'1 RV/HW z -2- 5.88.030 chapter shall be in effect until the city council shall by control, operation or management of the city park and resolution fix some other rate based upon a cost factor. recreation authorities; D. All permits shall expire on December 31st of the 4. Within five hundred feet of any other adult enter- calendar year for which they were issued. Applications tainment establishment; for renewal of a permit shall be made on or before Novem- 5. Within five hundred feet of any business involving her 30th of the year preceding the year from which a an on-premises sale of liquor or alcoholic beverages. renewal permit is sought.The renewal application fee for B. The measure of reference distance in this section an adult entertainment establishment permit shall be one shall be a straight line from the nearest property line hundred dollars.The renewal application fee for an adult containing the adult entertainment establishment to the entertainer shall be twenty-five dollars. Said renewal nearest property line of an affected use,,without regard application fees are nonrefundable and shall be used to to intervening structures. defray the cost of investigation and processing the renewal C. If an adult entertainment bureau is to serve as a applications.The fees set forth in this subsection shall be referral service only and no other type of adult entertainment in effect until the city council shall by resolution fix some business is conducted on the premises, the bureau shall other rate based upon a cost factor. (Ord. 770 § 2 (part), not be subject to the location requirements of this section, 1995) but shall otherwise comply with city requirements with respect to the location of service establishments.(Ord.770 5.88.040 Location. § 2 (part), 1995) A. No adult entertainment establishment shall be established in the following locations: 5.88.060 Amortization of nonconforming 1. In any zone other than the SI or service industrial uses• zones, The provisions of Title 25 of this code dealing with 2. Within five hundred feet of any R-1,R-2,R-3,PR, nonconforming uses shall not be applicable to adult enter- PC,PI zone and five hundred feet of any other C-1 zones tairmtent establishments.Instead,the following amortization in the city; schedule shall apply to all adult entertainment establishments 3. Within five hundred feet of any parcel of real which do not conform to the terms of this chapter but property in which is located any of the following uses or otherwise are legally existing on the effective date of the facilities: ordinance codified in this chapter. a. Church,defined in this chapter as any facility used A. For an adult entertainment establishment legally primarily for worship of any religion, or used for other existing in the city for a period of no less than six months religious purposes, preceding the effective date of the ordinance codified in b. City,county,state,federal or other governmental this chapter: one hundred twenty days; public buildings, whether owned, leased or operated by B. For an adult entertainment establishment legally the governmental entity,including,but not limited to,city existing within the city for a period of no less than three halls,.libraries, police.and fire stations and post offices, months preceding the effective date of the ordinance c. Schools, defined in this chapter as: codified in this chapter: ninety days; i. Institutions for teaching or caring for minor children C. For an adult entertainment establishment legally (e.g.,child care facilities,preschools,day schools,elementa- existing within the city for any period up to three months ry schools, secondary schools, high schools); and preceding the effective date of the ordinance codified in ii. Institutions of higher learning receiving approved this chapter. sixty days. (Ord. 770 § 2 (part), 1995) graduates of preparatory school and offering instructions in art,letters and science,leading to the bachelor's degree 5.88.070 Operational criteria. or master's degree (e.g., colleges and universities). In addition to the base zone requirements governing . The aforesaid institutions may be funded andlor operated use and minimum development standards, the following either by governmental public authorities or by private additional requirements shall be met by adult entertainment organizations, establishments: d. `Public park'or"recreational facility"means public A. The use shall have a separate business entrance land which has been designated for park or recreational adjacent to the required parking area and no other nonadult activities,including but not limited to,a park,playground, use shall be permitted in the same building space while nature trails, swimming pool, reservoir, athletic field, used as an adult entertainment establishment. basketball or tennis courts, open space, wilderness areas B. All signing and architectural graphics shall comply or similar public land within the city which is under the with the provisions of Title 25 of this code. (Palm Dam 7-95) 116 ,t..;- CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: January 5, 1999, continued from continued from December 15 and December 1, 1998 CASE NO: ZOA 98-7 REQUEST: Approval of an amendment to Chapter 5.88 and Section 25.34.020 (M) and to add Chapter 25.110 of the Palm Desert Municipal Code regarding the location of Adult Entertainment Establishments. APPLICANT: City of Palm Desert I. BACKGROUND: Commission discussed this matter at the above noted regular meetings. At the December 15, 1998 meeting Commission continued the matter and appointed a subcommittee of Chairperson Campbell and Commissioner Finerty to meet with the City Attorney and other experts in this field. A meeting was to be held at 8:00 a.m. on January 5, 1999. The subcommittee will report on the outcome of the meeting to the Commission. II. RECOMMENDATION: That the Commission direct staff to prepare a resolution pursuant to direction of Planning Commission. Prepared by eve Smith Reviewed and Approved by Phil Drell AM t3Ez3 1 F3E:i 1 1: KRIEGER LLP A cwvGANA FAN,UAEU,, rAATMtARIM.CIIRN I rllworlOMAL cOwrMwTMInL LAWYERS ARTHUR L. LITTLEWORTM' MARTIN A. MUELLER KIM A. BVRCNS MARYMICHAEL MCLEOD 39700 BOB HOPE DRIVE. SUITE 312 WILLIAM R. DLWOLFP J. MICHAEL SUMMEROUR MARY C. *"TRAP JAMES 0. TOUCHSTONE RANCHO MIRAGE. CALIFORHIA 92270 CNRIpTOPNER L. CARPENTER' pCOTT C. SMITH O. HENRY WCLLC6 STCVCN M. ANDERSON TELEPHONE 060) 568-2611 RICKARD T. ANDCRSON' JACK S. CLARKE. JR. OINA O. NARRIS ROSCRT L.PATTCR30M JOHN D. LN' p WAMRIAN M. LEWIS' BARBARA R. SAROM SRYAN K. DEMAND TELECOPIER (760) 340-6598 MKMAEL 0. HARRIS' BRADLEY E. MCUFELD RICHARD T. COINED PALKA C.P. OC SOUSA www.aemL .coM JOHN E. BROWN' PETER M. BARRACK DEAN OERLETM JAMIC L. RAYMOND MICHAEL T. RIDDCLL' MATT M. MORRIS SONIA RUDIO CARVALH0 LYSA M. SALTZMAN HICHACL GRANT' JEFFREY V. GUNN JOHN O. PINKNCY TMCRESA HAN SAVAGE OF COUNSEL FRANCO J. BAUM' STEVEN C. OLSAUN PATRICIA BYARS CISNEROS SUSAN M YOUNT GLEN C. STEPHENS' ANNE T. THOMAS' CRIC L. DARNER' JACQUELINE c SAIL" MARCO A. MARTINEZ JOHN C. TOBM GEORGE M. REYCB' GERMS M. COTA CUBAN D. WILSON OAMNY A.MOCK WM1LIAN W. FLOY0. JR. PJIWI. PEARCE DAVID J. HANCOCK JOHN F. WALSM DONALO F. 2MMfR' GREGORY L NARDKC ROBERT W. HARORCAVCp KARCN M. LEWIS DANIEL G. STEVENSON HENRY R. KRAFT- KENDALL M. MACVCY C. MICHAEL COY/CTT MAYLCY C. PETER30H GREGORY A. ZLOTNMK CLARK H ALSOP BRUCC W. BEACH MODEM K. CRAWFORD CHRISTINA L. OVER DAVID J. CRWM' ARLENE PRATER SMAWN D. HAOERTY FRANKLM C. ADAMS HICHACL J ANDELBON' JAGON G CABAROMEA KEITH L. MOO IS WILLIAM WOOD MCRRRl DOUGLAS S. PMRLVS' MARK A. EAST" MICRO C. OALLARDA GREGORY K. WILKINSON MICHCLLC OUELLETTE DWIGHT M. MONTGOMERY GENE TANAKA KCWN K. RANDOLPM JAMES P. MORRIE OFFICES M BASIL T. CMAPMAN CYNTHIA M. GERMANO KEVIN T. COLLINS VICTOR L. WOLF MARGUERITE S. STRAND CARYN L. CRAM RIVERS'" I"M 6SD-1450 DANIEL E. OLIVER WILLIAM 0. DARLING. JR. DAVID W. NEWMAN ONTARIO(000) 960.6564 HOWARD B. GOLDS KMK N. SMITH GREGORY K. HANSEM STEPHEN P. OEITpCH KYLE A. SNOW JCMMWER T.BUCKMAN RAYMOND BEST IIB6S-IOS71 pAN INCH) (SIOI 6iB•1300 MARC C. CMPCY DER" L. WILLJAMSOM MARIA C. BLESS JAMES M. KRIEGER I9I3-1975I VICTORVILLC V60) SA15I JOHN R. ROTTSCHACFER JAMES 6. ORPM GLEN W. PRICE EUGENE BEST II893-1060 A PROIKrEMMAI ."-IN ATKP December 23, 1998 Ms. Karen Holgate 45-865 Pawnee Road Indian Wells, CA 92210 Re: Palm Desert's Adult Entertainment Ordinance Dear Karen: I appreciate your agreeing to meet with us on January 5, 1999, regarding the amendment of the Palm Desert Adult Entertainment Ordinance. As always,the big issue is"how much is enough?"with respect to potential locations. Currently Palm Desert has zoned adult entertainment establishment into its MSr' (Service Industrial) Districts. Because churches and other sensitive uses have located within the Service Industrial zones since the locational standards were put in place, there currently remains only a small member of available sites. We are examining alternatives for providing sufficient sites to meet Constitutional requirements. I have enclosed for your review maps that depict the two available Service Industrial zones with variation of distance requirements. I have also enclosed three recent cases from the Federal District Court in Los Angeles (regarding Simi Valley, Long Beach, and Pasadena) which concern the sufficiency of locational requirements. If you have any questions, please call either myself or Steve Smith of the Palm Desert Community Planning Department (346-0611). RMIUBIRWF11I361 LAW OFFICES OF 'BEST BEST & KRIEGER LLP Ms. Karen Holgate December 23, 1998 Page 2 As always, I very much appreciate your assistance in this matter. Happy holidays! e ours, ROBERT W. GRE VES of BEST BEST & ER LLP RWH/vcd cc: Steve Smith, City of Palm Desert co c) cc: -< rn n r ry m u3 z r 0 -n co T C7 S rn co RMP11B\RVAM369 Jan-09-09 10:23 Fran-BEST, BEST,i KRIEGER T60-340-6861 T-632 P.02/03 F-516 S Yews of parking areas and doorways of adult entertainment establishmems shall be unobstructed so as to allow visibility of these areas from the public right-of-ways." sFcrI( N6 AMFNDMENT OF CODE Sections 5.&&040("I.acatioa")and S.88.ob0 CAmortization of Non-Conforming Uses") are deleted in their entirety. .FCT10N 7 AMENDMENT OF CODF- Section 25.34.020(M)("Permitted Uses"within Service Industrial Districts) is hereby amended to read as follows: "M Adult entertainment establishments as permitted by Chapter 5.88 subject to compliance of the specific use with the 12cat1—ono! uireme *a o 25 110 and parking requirements of Chapter 25.58 of this code(i e,adult bookstore shall comply with parking required for a bookstore in the general commercial C-1 zone). A parking requirement modification shall be available to businesses which operate only between the hours of five p.m and five a_m subject to it being determined by the zoning administrator that there is adequate off-street parking available" SECTION-8 AMENDMENT OF CODE Chapter 25 110 is added to the Palm Desert Municipal Code to read as follows "LOCATION AND AMORTIZATION OF ADULT ENTERTAINMENT ESTABLLSHMENTS Section 25.110.010 Location. A. No adult entertainment establishment shall be established in the following locations 1 in any zone other than the Sl or service industrial zones; 2. Within five hundred(500)feet of any residential zone or district 3 Within two hundred(200)feet of any other zone or district except P (Public/lnstitutionai Disuim)which DisTnct shah have no separation requiremem Jan-08-99 10:23 Fro-MST, BEST,B KRIEGER 760-340-6688 T-632 P.03/03 F-518 4 Within five hundred (500) feet of any,parcel of real property in which is located any of the fallowing uses or facihries, A. Church, existing as of January 1, 4998. defined in this chapter as any facilities used primarily for worship of any religion,or used for other religious purposes b Schools, defined in this chapter as institutions for teaching or caring for minor children (e g., child care facilities, preschools, daY schools, elementary schools, secondary schools,high schools)- The efofesaid institutions may. be funded and/or operated either by governmental public authorities or by private organizations. c Public pars: or recreational facility which means public land which has been designated for park or recreational activities, including but not limited to,a pads playground, nature trails, swimming pool, reservoir, athletic field, basketball or teams courts, open space,wilderness areas or similar public land within the city which is under the control, operation or management of the city park and recreation authorities, 5. On any parcel which fronts on arterial streets 6 Within five hundred feet of any other adult entertainment establishment. B The measure of reference distance in this section shall be a straight line from the nearest property lice contahning the adult emertainmem establishment to the nearest property line of an affected use,without regard to intervening structures C If an adult entertainment bureau is to serve as a referral service only and no other type of adult entertainment business is conducted on the premises, the bureau shall not be subject to the location requirements of this section,but shall otherwise comply with city requirements with respect to the location of service establishments Section 5.110.020. Amortization of Nonconforming Uses. The other provisions of ibis Title 25 dealing with nonconforming uses shall not be applicable to adult entertainment establishments, Instead,the following amortization schedule shall apply to all psteunucwauxti -14- PLANNING COMMISSION RESOLUTION NO. 1911 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF A ZONING ORDINANCE AMENDMENT AS IT RELATES TO MUNICIPAL CODE CHAPTER 5.88 AND SECTION 25.34.020 M AND TO ADD CHAPTER 25.110 REGARDING THE LOCATION OF ADULT ENTERTAINMENT ESTABLISHMENTS. CASE NO. ZOA 98-7 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 1 st day of December, 1998, hold a duly noticed public hearing which was continued to December 15, 1998 and January 5, 1999, to consider the above noted zoning ordinance amendment; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 97-18," in that the Director of Community Development has determined the amendment to be a Class 5 categorical exemption for the purposes of CEQA; and WHEREAS, adult entertainment establishments in the incorporated area of the City of Palm Desert require special supervision from public safety and health agencies of the City and County of Riverside in order to protect and preserve the health, safety and welfare of the patrons of such establishments as well as citizens of the City; and WHEREAS, the city attorney and staff have conducted an extensive review of land use studies concerning the secondary effects of adult entertainment establishments in other cities including, but not limited to, Garden Grove, California (1991); Phoenix, Arizona (1986); Minneapolis, Minnesota (1980); Houston, Texas (1983); Indianapolis, Indiana (1984); Amarillo, Texas (1977); City of Los Angeles, California (1977); Cleveland, Ohio (1977); Austin, Texas (1986); Seattle, Washington (1989); Oklahoma City (1986); Beaumont, Texas (1982); and Whittier, California (1978); have conducted its own studies, surveys and questionnaires of real estate appraisers, business persons and residents in Palm Desert; and WHEREAS, from review of the other cities' studies and the City's own surveys and testimony from its citizens, there is convincing documented evidence that adult entertainment establishments, because of their very nature, have a deleterious effect on both existing businesses around them and the surrounding residential areas adjacent to them, causing among other adverse secondary effects, increased crime and downgrading of property values; and WHEREAS, it is recognized that adult entertainment establishments are frequently used for sexual activities including prostitution and for other sexual liaisons of a casual nature in places open to the public; and PLANNING COMMISSION RESOLUTION NO. 1911 WHEREAS, increased crime and unhealthful conduct tend to accompany, concentrate around and be aggravated by adult entertainment establishments; such crime and unhealthful conduct includes but is not limited to prostitution, pandering, exposing minors to harmful materials, possession and distribution of obscene materials and child pornography, possession and sale of controlled substances and violent crimes against persons and property; and WHEREAS, the Planning Commission has considered in part, each of the following matters: (a) areas within close walking distance of single and multiple family dwellings should be free of adult entertainment establishment uses; (b) areas where children could be expected to walk, patronize, or frequent should be free of adult entertainment establishment uses; (c) adult entertainment establishment uses should be located in areas of the City which are not in close proximity to residential uses, churches, parks, or other public facilities and schools regularly frequented by children; (d) the image of the City as a pleasant attractive place to reside will be adversely affected by the presence of adult entertainment establishment uses in close proximity to residential land uses, churches, parks and other public facilities, and schools; (e) adult entertainment establishment uses should be regulated by zoning to separate them from other incompatible uses or uses which detract from other retail businesses, in particular, just as any other land use should be separated from uses with characteristics different from itself; (f) residents of the city and persons who are non- residents but use the city for shopping and other commercial needs will move from the community or shop elsewhere if adult entertainment establishment land uses are allowed to locate in close proximity to residential uses, churches, parks and schools; (g) appraisers familiar with commercial and residential properties in the city have expressed their opinion that the presence of adult entertainment establishments near homes substantially increases crime and substantially decreases property values of such homes, and that location of such businesses in commercial areas tends to detract from the value of nearby commercial properties as well, and at the same time tends to lead to a substantial increase in crime, substantial decrease in safety of women and children, and to detract from the ability to attract other businesses to the area, as well as to detract from the ability of non-adult entertainment establishments to attract customers to the area, and (h) no evidence has been presented to show that location of adult entertainment establishments within the city will improve the commercial viability or quality of life of the community; and WHEREAS, zoning, licensing and other police power regulations are legitimate, reasonable means of accountability to help protect the quality of life in the community and to help assure that all operators of adult entertainment establishments comply with reasonable regulations and are located in places that minimize the adverse secondary effects which naturally accompany the operation of such businesses; and WHEREAS, the City recognizes the possible harmful effects on children and minors exposed to the effects of such businesses and the deterioration of respect for family values, 2 PLANNING COMMISSION RESOLUTION NO. 1911 and the need and desire of children and minors to stay away from and avoid such businesses, which causes children to be fearful and cautious when walking through or visiting in the immediate neighborhood of such businesses; and WHEREAS, the Planning Commission finds that there would be a deterioration in the quality of businesses which choose to operate in and around adult entertainment establishments; and WHEREAS, the Planning Commission desires to minimize and control these adverse secondary effects and thereby protect the health, safety and welfare of the citizens; protect the citizens from increased crime; preserve the quality of life; preserve the property values and the character of surrounding neighborhoods and businesses, deter the spread of urban blight and protect against the threat to health from the spread of communicable and sexually transmitted diseases; and WHEREAS, the Planning Commission has considered the decisions of the United States Supreme Court regarding local regulation of adult entertainment establishments, including but not limited to, Young v. American Mini-Theatres, Inc., 427 U.S. 50 (1976) reh. denied 475 U.S. 1132; FW/PBS. Inc. v. Dallas, 493 U.S. 215 (1990); Barnes v. Glen Theatre, 111 S. Ct. 2456 (June 21, 1991 ); and WHEREAS, it is not the intent of the Planning Commission to suppress any speech activities protected by the First Amendment, but to provide content neutral regulations which address the adverse secondary effects of adult entertainment establishments; and WHEREAS, it is not the intent of the Planning Commission to condone or legitimize the distribution of obscene material, and the Commission recognizes that state law prohibits the distribution of obscene materials and expects and encourages law enforcement state and local enforcement officials to enforce state obscenity statutes against such illegal activities in the city; NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1 . That the above recitations are true and correct and constitute the findings of the Commission in this case. 2. That Zoning Ordinance Amendment 98-7 attached hereto as Exhibit "A" is hereby recommended to City Council for approval. 3 PLANNING COMMISSION RESOLUTION NO. 1911 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 5th day of January, 1999, by the following vote, to wit: AYES: BEATY, FINERTY, CAMPBELL NOES: NONE ABSENT: JONATHAN ABSTAIN: LOPEZ SONIA M. CAMPBELL, Chairperson ATTEST: PHILI DRELL, cretary Palm Desert Pla ing Commission 4 PLANNING COMMISSION RESOLUTION NO. 1911 EXHIBIT "A" Sections 5.88.040 ("Location") and 5.88.060 ("Amortization of Non-Conforming Uses") are deleted in their entirety. Section 25.34.020(M) ("Permitted Uses" within Service Industrial Districts) is hereby amended to read as follows: "M. Adult entertainment establishments as permitted by Chapter 5.88 subject to compliance of the specific use with the locational reouirements of Chanter 25.110 and parking requirements of Chapter 25.58 of this code (i.e., adult bookstore shall comply with parking required for a bookstore in the general commercial C-1 zone). A parking requirement modification shall be available to businesses which operate only between the hours of five p.m. and five a.m. subject to it being determined by the zoning administrator that there is adequate off-street parking available." Chapter 25.110 is added to the Palm Desert Municipal code to read as follows: "LOCATION AND AMORTIZATION OF ADULT ENTERTAINMENT ESTABLISHMENTS Section 25.110.010 Location. A. No adult entertainment establishment shall be established in the following locations: 1 . In any zone other than the SI or service industrial zones; 2. Within five hundred (500) feet of any residential zone or district; 3. Within two hundred (200) feet of any other zone or district except P (Public/Institutional District) which District shall have no separation requirement; 4. Within five hundred (500) of any parcel of real property in which is located any of the following uses or facilities, a. Church, existing as of January 1 , 1999, defined in this chapter as any facilities used primarily for worship of any religion, or used for other religious purposes; 5 PLANNING COMMISSION RESO LUTION NO. 1911 b. Schools, defined in this chapter as institutions for teaching or caring for minor children (e.g., child care facilities, preschools, day schools, elementary schools, secondary schools, high schools); The aforesaid institutions may be funded and/or operated either by governmental public authorities or by private organizations. C. Public park or recreational facility means public land which has been designated for park or recreational activities, including but not limited to, a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, open space, wilderness areas or similar public land within the city which is under the control, operation or management of the city park and recreation authorities; 5. Or any parcel which fronts on arterial streets; 6. Within five hundred feet of any other adult entertainment establishment. B. The measure of reference distance in this section shall be a straight line from the nearest property line containing the adult entertainment establishment to the nearest property line of an affected use, without regard to intervening structures; C. If an adult entertainment bureau is to serve as a referral service only and no other type of adult entertainment business is conducted on the premises, the bureau shall not be subject to the location requirements of this section, but shall otherwise comply with city requirements with respect to the location of service establishments. 25.110.020 Amortization of Nonconforming Uses. The other provisions of this Title 25 dealing with nonconforming uses shall not be applicable to adult entertainment establishments. Instead, the following amortization schedule shall apply to all adult entertainment establishments which do not conform to the terms of this chapter but otherwise are legally existing on the effective date of the action that renders the use nonconforming. A. For an adult entertainment establishment legally existing in the city for a period of no less than six months preceding the effective date of the action: one hundred twenty days; 6 PLANNING COMMISSION RESOLUTION NO. 1911 B. For an adult entertainment establishment legally existing within the city for a period of no less than three months preceding the effective date of the action: ninety days. C. For an adult entertainment establishment legally existing within the city for any period up to three months preceding the effective date of the action: sixty days. 7 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: December 1 , 1998 CASE NO: ZOA 98-7 amendment to Chapter REQUEST: Approval of an a ter 5.88 and Section 25.34.020 (M)P REQUE PP and to add Chapter 25.110 of the Palm Desert Municipal Code regarding the location of Adult Entertainment Establishments. APPLICANT: City of Palm Desert I. BACKGROUND: The Gty Attorney advises that, "Under current interpretations of the First Amendment, the courts require that each city make available adequate sites for the location of adult entertainment establishments. Courts have not given us a clear answer as to how many sites are required. However, there should be sufficient available sites such that an adult entertainment establishment has a reasonable possibility of locating within the city." In 1992 and 1995 the City amended the adult entertainment ordinance and established locational criteria for adult entertainment uses. These uses were limited to the S.I. (service industrial) zone but at a distance of at least five hundred feet from: (1 ) Any R-1, R-2, R-3, PR, PC, PI and C1 zone (2) Any property which contains: - a church - a governmental public building - schools - day, elementary, secondary and high schools - institutions of higher learning - public park and recreation facility - any other adult entertainment establishment - any business offering on-premises sale of alcoholic beverages II. ANALYSIS: From the beginning the separation requirement from governmental public buildings was onerous in that the CVWD property adjacent to the east and the post office and city public works facility eliminated a large portion of the area. Over time the city, through conditional use permit approvals allowed churches and ABC licensed businesses which has further reduced available land on which adult entertainment establishments could legally locate (see attached maps of the SI area). STAFF REPORT ZOA 98-7 DECEMBER 1, 1998 The city needs to have a sufficient number of available sites in order that our ordinance would pass muster. In reviewing the matter, staff has determined that the least objectionable manner of accomplishing this is to eliminate the distance requirements from less sensitive sites: alcohol related sites, governmental, public buildings and institutions of higher education, that are not frequented by minors. Any church existing as of December 1_, 1998 will continue to be assured of 500 feet of separation, but any church which requests a conditional use permit in the future will . not be assured of separation from these uses. With these modifications, staff believes that a sufficient number of sites are available." See the strike-out insert version of Section 5.88.040 below. 5.88.040 Location. A. No adult entertainment establishment shall be established in the following locations: 1 . In any zone other than the SI or service industrial zones; 2. Within five hundred feet of any R-1, R-2, R-3, PR, PC, PI zone and five hundred feet of any other C-1 zones in the city; 3. Within five hundred feet of any parcel of real property in which is located any of the following uses or facilities; a. Church, existing as of December 1. 1998, defined in this chapter as any facilities used primarily for worship of any religion, or used for other religious purposes, buildings, whether owned, 'eased or operated by the gevernmental entity, ineltiding, but limited to, eity halls, lilafafies, peliee amd fire stations and pest effiees, c. Schools, defined in this chapter as: i. institutions for teaching or caring for minor children (e.g., child care facilities, preschools, day schools, elementary schools, secondary schools, high schools); and 6*. Institutions of higher lea Pproved graduatee the beehe'er's degree er master's degree !e.g., ealleges and universities). The aforesaid institutions may be funded and/or operated either by governmental public authorities or by private organizations, d. "Public park" or "recreational facility" means public land which has been designated for park or recreational activities, including but not limited to, a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, open space, wilderness areas or similar public land within the city which is under the control, operation or management of the city park and recreation authorities; 4. Within five hundred feet of any other adult entertainment establishment; 2 STAFF REPORT ZOA 98-7 DECEMBER 1, 1998 S. Within five hundred feet of any busimess imyelving a 4e B. The measure of reference distance in this section shall be a straight line from the nearest property line containing the adult entertainment establishment to the nearest property line of an affected use, without regard to intervening structures. C. . If an adult entertainment bureau is to serve as a referral service only and no other type of adult entertainment business is conducted on the premises; the bureau shall not be subject to the location requirements of this section, but shall otherwise comply with city requirements with respect to the location of service establishments. (Ord. 770 § 2 (part), 1995) The City Attorney also notes: "The second part of the ordinance amendment removes the locations standards from the licensing chapter (Chapter 5.88) and places them in the zoning chapter (Title 25). This will make the municipal code more coherent, in that zoning issues with respect to adult entertainment establishments will be included along with other zoning requirements in Title 25. This change also has the advantage of insulating the locational standards from invalidation, should the licensing scheme be declared to be invalid due to evolving judicial standards. If so, the city would be in a position to continue to regulate the location of adult entertainment establishments. Conversely, if the locational standards are declared invalid, the city will retain its licensing and regulatory scheme." 111. RECOMMENDATION: That the Planning Commission recommend to the City Council approval of ZOA 98-7. IV. ATTACHMENTS: A. Draft resolution B. Legal notice C. Correspondence D. Map exhibits Prepared by 'Sieve Smith Reviewed and Approve P it Drell /tm 3 PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF A ZONING ORDINANCE AMENDMENT AS IT RELATES TO MUNICIPAL CODE CHAPTER 5.88 AND SECTION 25.34.020 M AND TO ADD CHAPTER 25.110 REGARDING THE LOCATION OF ADULT ENTERTAINMENT ESTABLISHMENTS. CASE NO. ZOA 98-7 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 1 st day of December, 1998, hold a duly noticed public hearing to consider the above noted zoning ordinance amendment; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 97-18," in that the Director of Community Development has determined the amendment to be a Class 5 categorical exemption for the purposes of CEQA; and WHEREAS, adult entertainment establishments in the incorporated area of the City of Palm Desert require special supervision from public safety and health agencies of the City and County of Riverside in order to protect and preserve the health, safety and welfare of the patrons of such establishments as well as citizens of the City; and WHEREAS, the city attorney and staff have conducted an extensive review of land use studies concerning the secondary effects of adult entertainment establishments in other cities including, but not limited to, Garden Grove, California (1991); Phoenix, Arizona (1986); Minneapolis, 'Minnesota (1980); Houston, Texas (1983); Indianapolis, Indiana (1984); Amarillo, Texas (1977); City of Los Angeles, California (1977); Cleveland, Ohio (1977); Austin, Texas (1986); Seattle, Washington (1989); Oklahoma City (1986); Beaumont, Texas (1982); and Whittier, California.(1978); have conducted its own studies, surveys and questionnaires of real estate appraisers, business persons and residents in Palm Desert; and WHEREAS, from review of the other cities' studies and the City's own surveys and testimony from its citizens, there is convincing documented evidence that adult entertainment establishments, because of their very nature, have a deleterious effect on both existing businesses around them and the surrounding residential areas adjacent to them, causing among other adverse secondary effects, increased crime and downgrading of property values; and WHEREAS, it is recognized that adult entertainment establishments are frequently used for sexual activities including prostitution and for other sexual liaisons of a casual. nature in places open to the public; and PLANNING COMMISSION RESOLUTION NO. WHEREAS, increased crime and unhealthful conduct tend to accompany, concentrate around and be aggravated by adult entertainment establishments; such crime and unhealthful conduct includes but is not limited to prostitution, pandering, exposing minors to harmful materials, possession and distribution of obscene materials and child pornography, possession and sale of controlled substances and violent crimes against persons and property; and WHEREAS, the Planning Commission has considered in part, each of the following matters: (a) areas within close walking distance of single and multiple family dwellings should be free of adult entertainment establishment uses; (b) areas where children could be expected to walk, patronize, or frequent should be free of adult entertainment establishment uses; (c) adult entertainment establishment uses should be located in areas of the City which are not in close proximity to residential uses, churches, parks, or other public facilities and schools regularly frequented by children; (d) the image of the City as a pleasant attractive place to reside will be adversely affected by the presence of adult entertainment establishment uses in close proximity to residential land uses, churches, parks and other public facilities, and schools; (e) adult entertainment establishment uses should be regulated by zoning to separate them from other incompatible uses or uses which detract from other retail businesses, in particular, just as any other land use should be separated from uses with characteristics different from itself; (f) residents of the city and persons who are non- residents but use the city for shopping and other commercial needs will move from the community or shop elsewhere if adult entertainment establishment land uses are allowed to locate in close proximity to residential uses, churches, parks and schools; (g) appraisers familiar with commercial and residential properties in the city have expressed their opinion that the presence of adult entertainment establishments near homes substantially increases crime and substantially decreases property values of such homes, and that location of such businesses in commercial areas tends to detract from the value of nearby commercial properties as well, and at the same time tends to lead to a substantial increase in crime, substantial decrease in safety of women and children, and to detract from the ability to attract other businesses to the area, as well as to detract from the ability of non-adult entertainment establishments to attract customers to the area, and (h) no evidence has been presented to show that location of adult entertainment establishments within the city will improve the commercial viability or quality of life of the community; and WHEREAS, zoning, licensing and other police power regulations are legitimate, reasonable means of accountability to help protect the quality of life in the community and to help assure that all operators of adult entertainment establishments comply with reasonable regulations and are located in places that minimize the adverse secondary effects which naturally accompany the operation of such businesses; and WHEREAS, the City recognizes the possible harmful effects on children and minors exposed to the effects of such businesses and the deterioration of respect for family values, 2 PLANNING COMMISSION RESOLUTION NO. and the need and desire of children and minors to stay away from and avoid such businesses, which causes children to be fearful and cautious when walking through or visiting in the immediate neighborhood of such businesses; and WHEREAS, the Planning Commission finds that there would be a deterioration in the quality of businesses which choose to operate in and around adult entertainment establishments; and . WHEREAS, the Planning Commission desires to minimize and control these adverse secondary effects and thereby protect the health, safety and welfare of the citizens; protect the.citizens from increased crime; preserve the quality of life; preserve the property values and the character of surrounding neighborhoods and businesses, deter the spread of urban blight and protect against the threat to health from the spread of communicable and sexually transmitted diseases; and WHEREAS, the Planning Commission has considered the decisions of the United States Supreme Court regarding local regulation of adult entertainment establishments, including but not limited to, Young v American Mini-Theatres. Inc., 427 U.S. 50 (1976) re . denied 475 U.S. 1132; FW/PBS. Inc. v. Dallas, 493 U.S. 215 (1990); Barnes v. Glen Theatre, 1 1 1 S. Ct. 2456 (June 21 , 1991 ); and WHEREAS, it is not the intent of the Planning Commission to suppress any speech activities protected by the First Amendment, but to provide content neutral regulations which address the adverse secondary effects of adult entertainment establishments; and WHEREAS,.it is not the intent of the Planning Commission to condone or legitimize the distribution of obscene material, and the Commission recognizes that state law prohibits the distribution of obscene materials and expects and encourages law enforcement state and local enforcement officials to enforce state obscenity statutes against such illegal activities in the city; NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1 . That the above recitations are true and correct and constitute the findings of the Commission in this case. 2. That Zoning Ordinance Amendment 98-7 attached hereto as Exhibit "A" is hereby recommended to City Council for approval. 3 PLANNING COMMISSION RESOLUTION NO. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 1 st day of December, 1998, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: SONIA M. CAMPBELL, Chairperson ATTEST: PHILIP DRELL, Secretary Palm Desert Planning Commission 4 PLANNING COMMISSION RESOLUTION NO. EXHIBIT "A" SECTION 1 . Pursuant to state and local environmental regulations, it has been determined that the regulations encompassed in this ordinance are not considered to have a significant impact on the environment. The proposed action is further deemed to be classified as a Categorical Exemption pursuant to the state and city environmental regulation. SECTION 2. Sections 5.88.040 and 5.88.060 of the Palm Desert Municipal Code are deleted in their entirety. SECTION 3. Section 25.34.020(M) is hereby amended to read as follows: "M. Adult entertainment establishments as permitted by Chapter 5.88 subject to compliance of the specific use with the locational reauirements of Chanter 25.110 and parking requirements of Chapter 25.58 of this code (i.e., adult bookstore shall comply with parking required for a bookstore in the general commercial C-1 zone). A parking requirement modification shall be available to businesses which operate only between the hours of five p.m. and five a.m. subject to it being determined by the zoning administrator that there is adequate off-street parking available." SECTION 4. Chapter 25.110 is added to read as follows: "Chapter 25.110. Location of Adult Entertainment Establishments Sections: 25.110.010 Location. 25.110.020 Amortization of non-conforming uses. 25.110.010 Location. A. No adult entertainment, establishment shall be established in the following locations: 1 . In any zone other than the SI or service industrial zones; 2. Within five hundred feet of any R-1, R-2, R-3, PR, PC, PI zone and five hundred feet of any other C-1 zones in the city. 5 PLANNING COMMISSION RESOLUTION NO. 3. Within five hundred feet of any parcel of real property in which is located any of the following uses or facilities; a. Church, existing as of December 1 , 1998, defined in this chapter as any facilities used primarily for worship of any religion, or used for other religious purposes. b. Schools, defined in this chapter as institutions for teaching or caring for minor children (e.g., child care facilities, preschools, day schools, elementary schools, secondary schools, high schools). The aforesaid institutions may be funded and/or operated either by governmental public authorities or by private organizations. C. "Public park" or "recreational facility" means public land which has been designated for park or recreational activities, including but not limited to, a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, open space, wilderness areas or similar public land within the city which is under the control, operation or management of the city park and recreation authorities; 4. Within five hundred feet of any other adult entertainment establishment; B. The measure of reference distance in this section shall be a straight line from the nearest property line containing the adult entertainment establishment to the nearest property line of an affected use, without regard to intervening structures. C. If an adult entertainment bureau is to serve as a referral service only and no other type of adult entertainment business is conducted on the premises, the bureau shall not be subject to the location requirements of this section, but shall otherwise comply with city requirements with respect to the location of service establishments. 25.1 10.020 Amortization of Nonconforming Uses. The other provisions of this Title 25 dealing with nonconforming uses shall not be applicable to adult entertainment establishments. Instead, the following amortization schedule shall apply to all adult entertainment establishments which do not conform to the . 6 PLANNING COMMISSION RESOLUTION NO. terms of this chapter but otherwise are legally existing on the effective date of the action that renders the use nonconforming. A. For an adult entertainment establishment legally existing in the city for a period of no less than six months preceding the effective date of the action: one hundred twenty days; B. For an adult entertainment establishment legally existing within the city for a period of no less than three months preceding the effective date of the action: ninety days. C. For an adult entertainment establishment legally existing within the city for any period up to three months preceding the effective date of the action: sixty days. 7 73.510 FRED WARING DRIVE,PALM DESERT,CALIFORNIA 92260 TELEPHONE(619)346-0611 CITY OF PALM DESERT LEGAL NOTICE . CASE NO. ZOA 98-7 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request to amend Chapter 5.88 and Section 25.34.020 (M) and to add Chapter 25.110 of the Palm Desert Municipal Code regarding the location of.Adult Entertainment Establishments. SAID public hearing will be held on Tuesday, December 1, 1998, at 7:00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73.510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project and/or negative declaration is available.for review in the Department of Community Development at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. PUBLISH: Desert Sun PHILIP DRELL, Secretary November 16. 1998 Palm rlecert Planninn r.nmmi.einn LAW CFFlCrS OF BEST BEST 6 KRIEGER LLP November 3, 1998 MEMORANDUM TO: Steve Smith, Planning Manager City of Palm Des FROM: Robert W. Har uty City Attorney RE: Amendment to Locational Standards for Adult Entertainment Establishments Steve: We are proposing two amendments to the locational standards for the adult entertainment establishments: (1) Modify the locational standards to ensure that there are, within the city, an adequate number of sites available in which to locate adult entertainment establishments; and (2) Relocate the locational standards to the zoning code (Title 25)from their current location in the licensing section (Chapter 5.88)to increase the logical organization of the code and to insulate the locational standards from invalidity should the licensing standards at some point prove to be unenforceable due to evolving judicial standards. Under current interpretations of the First Amendment, the courts require that each city make available adequate sites for the location of adult entertainment establishments. Courts have not given us a clear answer as to how many sites are required. However, there should be sufficient available sites such that an adult entertainment establishment has a reasonable possibility of locating within the city. With respect to locational standards, the code currently provides that adult entertainment establishments may locate in the service industrial zone, but at a distance of at least five hundred feet from: (1) churches (2) schools(pre-,primary, and secondary schools, as well as institutions of higher learning) (3) public parks and recreational areas (4) businesses involving on-premises sale of alcoholic beverages (5) other adult entertainment establishments n�usuewnwooz • LAW OFFICES OF BEST BEST 6 KRIEGER LLP they When these locational standards were first enacted allowed sufficient sites within the service industrial zone to locate adult entertainment establishments. However, in the intervening years, sensitive uses, particularly churches, have located in the SI zone and have diminished the number of available sites. In order to ensure continued compliance with constitutional standards, it is necessary to amplify the available sites. In reviewing the matter, . staff has determined that the least objectionable manner of accomplishing this is to eliminate the distance requirements.from less sensitive sites: alcohol related sites and institutions of higher education, that are not frequented by minors. With these modifications, staff believes that a sufficient number of sites are available. The second part of the ordinance amendment removes the locationl standards from the licensing chapter(Chapter 5.88 ) and places them in the zoning chapter(Title 25). This will make the municipal code more coherent, in that zoning issues with respect to adult entertainment establishments will be included along with other zoning requirements in Title 25. This change also has the advantage of insulating the locational standards from invalidation, should the licensing scheme be declared to be invalid due to evolving judicial standards. If so, the city would be in position to continue to regulate the location of adult entertainment establishments. Conversely, if the locational standards are declared invalid, the city will retain its licensing and regulatory scheme. Rualxw11AM -2- 5.88.030 chapter shall be in effect until the city council shall by control, operation or management of the city park and resolution fix some other rate based upon a cost factor. recreation authorities; D. All permits shall expire on December 31st of the 4. Within five hundred feet of any other adult enter- calendar year for which they were issued. Applications tainment establishment; for renewal of a permit shall be made on or before Novem- 5. Within five hundred feet of any business involving ber 30th of the year preceding the year from which a an on-premises sale of liquor or alcoholic beverages. renewal permit is sought.The renewal application fee for B. The measure of reference distance in this section an adult entertainment establishment permit shall be one shall be a straight line from the nearest property line hundred dollars.The renewal application fee for an adult containing the adult entertainment establishment to the entertainer shall be twenty-five dollars. Said renewal nearest property line of an affected use,without regard application fees are nonrefundable and shall be used to to intervening structures. defray the cost of investigation and processing the renewal C. If an adult entertainment bureau is to serve as a applications.The fees set forth in this subsection shall be referral service only and no otter type of adult entertainment in effect until the city council shall by resolution fix some business is conducted on the premises, the bureau shall other rate based upon a cost factor. (Ord. 770 § 2(part), not be subject to the location requirements of this section; 1995) but shall otherwise comply with city requirements with respect to the location of service establishments.(Ord.770 5.8&040 Location. § 2 (part). 1995) A. No adult entertainment establishment shall be established in the following locations: 5.88.060 Amortization of nonconforming 1. in any zone other than the SI or service industrial uses. zones; The provisions of Title 25 of this code dealing with 2. Within five hundred feet of any R-1,R-2,R-3,PR, nonconforming uses shall not be applicable to adult enter- PC,PI zone and five hundred feet of any other C-1 zones minment establishments.Instead,the following amortization in the city; schedule shall apply to all adult entertainment establishments 3. Within five hundred feet of any parcel of real which do not conform to the terms of this chapter but property in which is located any of the following uses or otherwise are legally existing on the effective date of the facilities: ordinance codified in this chapter. a. Church,defined in this chapter as any facility used A. For an adult entertainment establishment legally primarily for worship of any religion, or used for other existing in the city for a period of no less than six months religious purposes, preceding the effective date of the ordinance codified in county,state federal or other governmental this chapter. one hundred twenty days; b. City, public buildings, whether owned, leased or operated by B. For an adult entertainment establishment legally the governmental entity,including,but not limited to,city existing within the city for a period of no less than three halls, libraries, police.and fire stations and post offices, months preceding the effective date of the ordinance c. Schools, defined in this chapter as: codified in this chapter. ninety days; i. Institutions for teaching or caring for minor children C. For an adult entertainment establishment legally city for an period u to three months (e.g.,child care facilities,Preschools,day schools,elementa- existing within thety Y P� P ry schools, secondary schools, high schools); and preceding the effective date of the ordinance codified in ii. Institutions of higher learning receiving approved this chapter sixty days. (Ord. 770 § 2(part), 1995) graduates of preparatory school and offering instructions in art.letters and science,leading to the bachelor's degree 5.88.070 Operational criteria or master's degree (e.g., colleges and universities). In addition to the base zone requirements governing . funded and/or The aforesaid institutions may be fund operated use and minimum development standards, the following Y either by governmental public authorities or by private additional requirements shall be met by adult entertainment organizations, establishments: 0 v d. "Pubhc park"or"recreational facility"means public A. The use shall have a separate business entrance land which has been designated for park or recreational adjacent to the required parking area and no other nonadult activities,including but not limited to,a park,playground, use shall be permitted in the same building space while nature trails, swimming pool, reservoir, athletic field, used as an adult entertainment establishment basketball or tennis courts, open space, wilderness areas B. All signing and architectural graphics shall comply or similar public land within the city which is under the with the provisions of Title 25 of this code. (Palm Dk 7-95) 116 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: December 15, 1998 continued from December 1, 1998 CASE NO: ZOA 98-7 REQUEST: Approval of an amendment to Chapter 5.88 and Section 25.34.020 (M) and to add Chapter 25.110 of the Palm Desert Municipal Code regarding the location of Adult Entertainment Establishments. APPLICANT: City of Palm.Desert I. BACKGROUND: This matter was before Commission at its December 1, 1998 meeting. At that time Commission directed staff to look at other ways to buffer adjacent land uses, remove these uses from arterial streets and yet increase the available sites. II. ANALYSIS: We have revised the site map by redoing the buffer from other zone categories to 200 feet, provided a 200-foot buffer from arterial streets and allow partial lots beyond the buffer to -be used for adult entertainment establishments. Map 'A' "continues a 300-foot buffer around churches and excludes lots on the south side of Sheryl Drive, east of Cook Street. The.reduction to 200 feet of buffer-from other zone categories has opened up several I ots in the Country Club.Drive industrial area (see Map 'B')• We note that the buffer from the church shown on that map is 500 feet. That would open up more property. Using 300 feet of buffer around the church results in 13 full lots and 7 partial lots. In the Cook-Hovley area the new standards result in 85 full lots and 22 partial lots for a total of 107 lots being potential sites. We have been unable to do an actual count of the number of tenant spaces in the 107 lots at Cook-Hovley and the 20 lots at Country Club Drive; however, many of the lots are several acres in size and contain multi-tenant buildings. Based on a general knowledge of the area staff can advise Commission that there are in excess of 300 tenant spaces for potential adult entertainment uses. The City Attorney reviewed the revised maps and advised that he would prefer that the church buffer be established at 300 feet and that all lots outside of that buffer be available. . That would add eight lots on the south side of Sheryl Avenue. If we maintain the 500 feet, it would eliminate the lots on the south side of Sego Lane. STAFF REPORT CASE NO. ZOA 98-7 DECEMBER 15, 1998 We are including in the packet copies of the previous site maps. They are labeled "C" and "D." We have amended exhibit "A" to the draft resolution to be consistent with the following criteria: 1 . 200-foot buffer from.other zone categories except "public" 2. 200-foot buffer from arterial streets 3. 300-toot buffer from existing churches 4. 500-foot buffer from schools, etc., serving minor children 5. 200-foot buffer from a public park 6. 500-foot buffer from any other adult entertainment establishment 7. Partial lots beyond the required buffer will be available for use as adult entertainment establishments 8. All signs for any adult entertainment establishment may not be located within any required buffer area Pursuant to the December 1 , 1998 staff report, buffer areas from public buildings, institutions of high learning serving adults and ABC licensed facilities will be eliminated. Ill. CITY ATTORNEY RECOMMENDATION: That the Planning Commission recommend to the City Council approval of ZOA 98-7 as specified above. IV. ATTACHMENTS: A. Revised draft resolution B. Map exhibits C. December 1 , 1998 staff report Prepared by gieve Smi Reviewed and Approved b Phil Drell AM 2 PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF A ZONING ORDINANCE AMENDMENT AS IT RELATES TO MUNICIPAL CODE CHAPTER 5.88 AND SECTION 25.34.020 M AND TO ADD CHAPTER 25.110 REGARDING THE LOCATION OF ADULT ENTERTAINMENT ESTABLISHMENTS. CASE NO, ZOA 98-7 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 1 st day of December, 1998, hold a duly noticed public hearing which was continued to December 15, 1998, to consider the above noted zoning ordinance amendment; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 97-18," in that the Director of Community Development has determined the amendment to be a Class 5 categorical exemption for the purposes of CEQA; and WHEREAS, adult entertainment establishments in the incorporated area of the City of Palm Desert require special supervision from public safety and health agencies of the City and County of Riverside in order to protect and preserve the health, safety and welfare of the patrons of such establishments as well as citizens of the City; and WHEREAS, the city attorney and staff have conducted an extensive review of land use studies concerning the secondary effects of adult entertainment establishments in other cities including, but not limited to, Garden Grove, California (1991 ); Phoenix, Arizona (1986); Minneapolis, Minnesota (1980); Houston, Texas (1983); Indianapolis, Indiana (1984); Amarillo, Texas (1977); City of Los Angeles, California (1977); Cleveland, Ohio (1977); Austin, Texas (1986); Seattle, Washington (1989); Oklahoma City (1986); Beaumont, Texas (1982); and Whittier, California (1978); have conducted its own studies, surveys and questionnaires of real estate appraisers, business persons and residents in Palm Desert; and WHEREAS, from review of the other cities' studies and the City's own surveys and testimony from its citizens, there is convincing documented evidence that adult entertainment establishments, because of their very nature, have a deleterious effect on both existing businesses around them and the surrounding residential areas adjacent to them, causing among other adverse secondary effects, increased crime and downgrading of property values; and WHEREAS, it is recognized that adult entertainment establishments are frequently used for sexual activities including prostitution and for other sexual liaisons of a casual nature in places open to the public; and PLANNING COMMISSION RESOLUTION NO. WHEREAS, increased crime and unhealthful conduct tend to accompany, concentrate around and be aggravated by adult entertainment establishments; such crime and unhealthful conduct includes but is not limited to prostitution, pandering, exposing minors to harmful materials, possession and distribution of obscene materials and child pornography, possession .and sale of controlled substances and violent crimes against persons and property; and WHEREAS, the Planning Commission has considered in part, each of the following matters: (a) areas within close walking distance of single and multiple family dwellings should be free of adult entertainment establishment uses; (b) areas where children could be expected to walk, patronize, or frequent should be free of adult entertainment establishment uses; (c) adult entertainment establishment uses should be located in areas of the City which are not in close proximity to residential uses, churches, parks, or other public facilities and schools regularly frequented by children; (d) the image of the City as a pleasant attractive place to reside will be adversely affected by the presence of adult entertainment establishment uses in close proximity to residential land uses, churches, parks and other public facilities, and schools; (e) adult entertainment establishment uses should be regulated by zoning to separate them from other incompatible uses or uses which detract from other retail businesses, in particular, just as any other land use should be separated from uses with characteristics different from itself; (f) residents of the city and persons who are non- residents but use the city for shopping and other commercial needs will move from the community or shop elsewhere if adult entertainment establishment land uses are allowed to locate in close proximity to residential uses, churches, parks and schools; (g) appraisers familiar with commercial and residential properties in the city have expressed their opinion that the presence of adult entertainment establishments near homes substantially increases crime and substantially decreases property values of such homes, and that location of such businesses in commercial areas tends to detract from the value of nearby commercial properties as well, and at the same time tends to lead to a substantial increase in crime, substantial decrease in safety of women and children, and to detract from the ability to attract other businesses to the area, as well as to detract from the ability of non-adult entertainment establishments to attract customers to the area, and (h) no evidence has been presented to show that location of adult entertainment establishments within the city will improve the commercial viability or quality of life of the community; and WHEREAS, zoning, licensing and other police power regulations are legitimate, reasonable means of accountability to help protect the quality of life in the community and to help assure that all operators of adult entertainment establishments comply with reasonable regulations and are located in places that minimize the adverse secondary effects which naturally accompany the operation of such businesses; and WHEREAS, the City recognizes the possible harmful effects on children and minors exposed to the effects of such businesses and the deterioration of respect for family values, .2 PLANNING COMMISSION RESOLUTION NO. and the need and desire of children and minors to stay away from and avoid such businesses, which causes children to be fearful and cautious when walking through or visiting in the immediate neighborhood of such businesses; and WHEREAS, the Planning Commission finds that there would be a deterioration in the quality of businesses which choose to operate in and around adult entertainment establishments; and WHEREAS, the Planning Commission desires to minimize and control these adverse secondary effects and thereby protect the health, safety and welfare of the citizens; protect the citizens from increased crime; preserve the quality of life; preserve the property values and the character of surrounding neighborhoods and businesses, deter the spread of urban blight and protect against the threat to health from the spread of communicable and sexually transmitted diseases; and WHEREAS, the Planning Commission has considered the decisions of the United States Supreme Court regarding local regulation of adult entertainment establishments, including but not limited to, Young v American Mini-Theatres, Inc., 427 U.S. 50 (1976) reh. denied 475 U.S. 1132; FW/PBS. Inc. v. Dallas, 493 U.S. 215 (1990); Barnes v. Glen Theatre, 111 S. Ct. 2456 (June 21, 1991); and WHEREAS, it is not the intent of the Planning Commission to suppress any speech activities protected by the First Amendment, but to provide content neutral regulations which address the adverse secondary effects of adult entertainment establishments; and WHEREAS, it is not the intent of the Planning Commission to condone or legitimize the distribution of obscene material, and the Commission recognizes that state law prohibits the distribution of obscene materials and expects and encourages law enforcement state and local enforcement officials to enforce state obscenity statutes against such illegal activities in the city; NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1 . That the above recitations are true and correct and constitute the findings of the Commission in this case. 2. That Zoning Ordinance Amendment 98-7 attached hereto as Exhibit "A" is hereby recommended to City Council for approval. 3 PLANNING COMMISSION RESOLUTION NO. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this ]st day of December, 1998, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: SONIA M. CAMPBELL, Chairperson ATTEST: PHILIP DRELL, Secretary Palm Desert Planning Commission 4 PLANNING COMMISSION RESOLUTION-NO. EXHIBIT "A" SECTION 1 . Pursuant to state and local environmental regulations, it has been determined that the regulations encompassed in this ordinance are not considered to have a significant impact on the environment. The proposed action is further deemed to be classified as a Categorical Exemption pursuant to the state and city environmental regulation. SECTION 2. Sections 5.88.040 and 5.88.060 of the Palm Desert Municipal Code are deleted in their entirety. SECTION 3. Section 25.34.020(M) is hereby amended to read as follows: "M. Adult entertainment establishments as permitted by Chapter 5.88 subject to compliance of the specific use with the locational requirements of Chapter 25.110 and parking requirements of Chapter 25.58 of this code (i.e., adult bookstore shall comply with parking required for a bookstore in the general commercial C-1 zone). A parking requirement modification shall be available to businesses which operate only between the hours of five p.m. and five a.m. subject to it being determined by the zoning administrator that there is adequate off-street parking available." .SECTION 4. Chapter 25.110 is added to read as follows: "Chapter 25.110. Location of Adult Entertainment Establishments Sections: 25.110.010 Location. 25.110.020 Amortization of non-conforming uses. 25.110.010 Location. A. No adult entertainment establishment shall be established in the following locations: 1 . In any zone other than the SI or service industrial zones; 2. Within two hundred feet of any .R-1 , R-2, R-3, PR, PC, PI zone and two hundred feet of any other C-1 zones in the city. . 5 PLANNING COMMISSION RESOLUTION NO. 3. Within three hundred feet of any parcel of real property in which is located: a. Church, existing as of December 1, 1998, defined in this chapter as any facilities used primarily for worship of any religion, or used -for other religious purposes. 4. Within five hundred feet of any parcel of real property in which is located: a. Schools, defined in this chapter as institutions for teaching or caring for minor children (e.g., child care facilities, preschools, day schools, elementary schools, secondary schools, high schools). The aforesaid institutions may be funded and/or operated either by governmental public authorities or by private organizations. 5. Within two hundred feet of any parcel of real property in which is located: a. "Public park" or "recreational facility" means public land which has been designated for park or recreational activities, including but not limited to, a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, open space, wilderness areas or similar public land within the city which is under the control, operation or management of the city park and recreation authorities; 6. Within five hundred feet of any other adult entertainment establishment; B. The area of separation specified above shall be measured in a straight line from the parcel on which the adult entertainment establishment is located. Portions of lots outside of the buffer area are available for other adult entertainment establishments. All signs for any adult entertainment establishment must be located outside of any buffer area. C. If an adult entertainment bureau is to serve as a referral service only and no other type of adult entertainment business is conducted on the premises, the bureau 6 PLANNING COMMISSION RESOLUTION NO. shall not be subject to the location requirements of this section, but shall otherwise comply with city requirements with respect to the location of service establishments. 7. Within two hundred feet of a street designated as an "arterial" street on the Palm Desert Circulation Network to the General Plan. 25.110.020 Amortization of Nonconforming Uses. The other provisions of this Title 25 dealing with nonconforming uses shall not be applicable to adult entertainment establishments. Instead, the following amortization schedule shall apply to all adult entertainment establishments which do not conform to the terms of this chapter but otherwise are legally existing on the effective date of the action that renders the use nonconforming. A. For an adult entertainment establishment legally existing in the city for a period of no less than six months preceding the effective date of the action: one hundred twenty days; B. For an adult entertainment establishment legally existing within the city for a period of no less than three months preceding the effective date of the action: ninety days. C. For an adult entertainment establishment legally existing within the city for any period up to three months preceding the effective date of the action: sixty days. 7 SMT By: 12-16-98 : 14:49 ;BEST, BEST,& KRIEGERi 76O3417098;# MI rife T 950 F.9upp.329 • (Clbaa:lORP.B.pp.3a1 • 3670 EAST pOO57RLL BLVD.,INC.,a OW Ad roc officially adopt or =ire OVA lu &A spedlc pion WWA Woom danac no.WE daauaa"at:v. CaKfaeath mrperallani L5alr>b8r m am 0 Www Oattdnl at mrusact, to light$o of r. 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I. First Altrnmtmt tad ItO atk mr&a tyaa&dmaodal tONAL L&w B=sga.dw tutor in eity's dwit on to dew uvcrtmauan Or tllgcaNsmvr specific date; if city=a sow by prepbadetamx of 92IM-40) CMnag mu d would have TIM]"9210E dCCUIM M Imes OfwttWer Peb^tld don to tncatim of adult abl=of my taoketcd seBdout,then tuy's dIdliao hmhieaxa welt campy aveilaW wde adrgntdy mold rec he said b be ratcoruamtiaml. US.C.A. develolttd of glared fast itltadCd tat,o:paasasd com.A.Rend. 1. adcrptate .pmktltE SgCa weft 11MLVam todgtx�kat of Mutits oral OW42W of wertlaft PI"UNO AI.(AvtL PROCMURlf 40-2504 a ks ara;Idde within Rdcvaet and estate tmslmt Unft 00AMos Ida smtinp raaimr w. US.C.A.Came Amend I. 's molbatlon ter macho lad use dmar®�y Ie CRY w amewwaed on ruumuay JMa"m Ill)CONS177V17 OVAL u !I> pgl COIL MIrt ftUNAL LAW 0-90A(SI Once xtpoF xidly anaaMe tnoPo[teoi for location of 97k90AM xfak bush. and,mnwg ma nc1mm bane bocce xdelly in krocancubuion or aftefiie plan mat located whM sclnvm raw)ante made;dwm 13 ao wWld Iselttdc remdti6 alloavg sopfess daarerrg u MIS[)loll rdk a W number of ales w f�F of 'Zoguasa was eW smell or nnbu ampy resale d of la Ease rcCCIS ry to taasbM reotaolde alternative alleged Mu t m pteraa reamaapt averse from mean oaf u___`_ _Oder Past Am nftW . Ana tR to Fax Asoardrnm APO m aPca mpless US-a.A.own.AmPA t. ter. but tame was based on sanobw Of facto" C0Ngr njra0NAL I.AW 4Ao90AD) issit ng urcWiab as m CoomWtim of kW nil Dal Copy.0 Neat 199E No shim ro Osig.U.S.GwL Woelm SM BY: 12-16-98 i 14:49 ;BEST, BEST,& KRIDGM 7609417098:# 4/21 1N6 P.Sspp.329 �� Kim tst M Pr9apos.3m gn90.4(1) The fame of bit ease am wen Morro b to parties . Cal,•, ahobg and use rea8cdOon. allowing 11-16 and do Out need m he maied here. A hnef sa®try adult honineneoo In qxm dmpltaaenoty Im cig with of be fmb mkvmd to the Wittig minim fozoft popubedon of 13SAm,provided tallithim nomad ft MUMS taw for adult tmstarsaa to afford Plaintiff, 35M Nut PanmtTl Blvd..lac. ('Plaids!") msamble Wer®vp avma d mmdmdon So a Catifmm computations drat owe 20111rmay senior Fur AmeDdhamai of0amco did us;.ugmm Gen sawn's Chub, fntmetiy Fmro as the 'Hal Ha amy "W" ado+ action to act dom only use Cafe,, a reaoateenmagalba in de Ddnalwa Cary tddt nomms ,ran masmtly bhcaed in city, MS of of Imadma(-Chy").Plertdlf a mmemf Chan om- iiry't thud am was dc&jbd to twNbvdal and Frtdk admit line tawmiao>m1.inctdbe.o a rota Of she WC,and nub We appokati ss Inc few a"I alken Caffs prim Order. IQIW duckag: PWWN now lot bass made in Iau tin years. U.S.C.A. nosh,to ntpad da ra4.ocrmt's Mdneu m fnetude Cmtt.Ammd. 1. tvplop Vag,Mdeh wood fonder the ' marry ass'adult bmhaas'Under Pamdmu Munk%W Cade 421 YAWING AND PLANNING 4�16 4W06 City's aaehg and me ra trkdoat, allowing 11-16 The Chy asses dW P6IDuff Conn oatr adult ad,dt buaimesm m man"tinmldmwsy in city wilt DdmPdnmta b=111t Ile 'ZWrVwco y' is tut In to p.pdatim of 13S.W0,pfovidW wrf'6eienf polOtWIY Wepaian male fa aloft bLLdrtesa. The City a..Lbk .ion for adnk bflmesM7 to aHotd stakes last die—MTW*'b blind If L 016mVid tt:aromlta alommob a avermn Of memuoiestwu Gmvil ("IC') wane, where ahill budown am as under PIM Ame down, Ordinance did nn room pemtasl. See P.M.C. §i 17-WOM h R.3L030. in eai.fri oduh bsshaes m .he down, any me Urdu sae P.M.C.. *chit baameetee arc padUcd aeon business am cgna*Weaved in city, 14% of oahy in Caususcreid Gen ml ('CGS mina. Id eey's land era tam dedicated tP rublraid ad IsWk mustfat,if the City b correct is cm*that the'201 osq ad osy me appicam ror mw gddt ualam Twenty. in bard in as IC ago. plaintiff is ads had barn ode or bit rem yearn. U.S.C.A. pmdssd is offv ,dolt eatrui®s[ st bn -0 f'.arlAaied. 1. Toval 's"matma kmm w33s Roper J.Diamond.Sane Mawim.CA,E'dwaed A.Welts,Ambda4 CA.fin pbdndR. However.plaint{%dVwn sign its lurid is low-d in m IG smoc. rholow mlaa ohm.m of Imary 23, Tm y Webb. Aolirg City ANy., f r Chy Of 1".% ba Paudraa Coy C CKII EM drCCt m All PatWM, bmjmm Kaufm n. Dawn IL Andme". 'Dnvim East Pmmmilm Specific Plan' (Spwafia "ieh.Kaman flue A.Sdm6. Les Atgcks.CA, Ada') which r3anpad the soar is which PkwMFrn lbf detstdmis, bodoem in lmcaef no a tb mom. AMrnr:.eV, Antdfr oadeds bat sae Chy bus delayed its ORDIR Rlh DEFENDANT CrrY OF implH ousim of do -Past Pamdma Speelac Plan' PASADGNA'SMOTMN FOR SUMMARY (a be pmpac OF 'Pevc¢atW and prabibidag JUDGMENT OR W THE P19Itdff Dom pfammag toplcas"Oft at to Place of ALTEINATIVBPARTIALSUMMARY balbm' SM. Camp. a 1 14. Frda,tmm, JUDGMENT Aahndir am4m tat cress V its,dlSmoa is not bud u a CG mfe.the LTty's soft adgf belles fang Coulm,District jodec, mleme is sormhatibnimal lecafte It pmvida lass 4w petmvadi: location[ for tdtdi boslocucs. de*W Defendam's molinm for sunray}.damem m in tit than a raam ul is Wareariry For aprmku in ale0alh'e petal aommary POgoem — m vidadon of tic free speeeh ad din proud rlaua of regularly too hosting bettors this Cast an October 6, be Feat and Ftratectb ameadmads. TherefuM 19u7. After reriva'tfg the mddfits stbtdmd by tit Pm"tf' asserts that it to qt*W to o8:a &tall panics, agw.uss of counsel. ad the cane file, it is eoaetaaount, rew&= of the Wen in which is 70l hereby 01DOW An ndmrdam's Rattan Is beecm to lummed. GRAPFBD. Cho August 21. 1995. PWn f Blvd a Complaint 1.Fwt*tW Pmm t M Badhgroud agm.l Ddmd.m, to Clty Of PaadMA COW"), ranks 42 U.S.C. y 1993, .eethp ■ dseYsaaty Copr.6 Wes 1999 No Chim so".U.S.Commit.Wads SENT BY: 12-16-98 ; 14:50 ;BEST, BEST,& KRIBGER, 7603417098;# 5121 9m P.Sapp•T29 row If Eam tsar 9m p.eam l0.ISIO jadgrnatt Rtat Paaedam'a but human rnuills Pldrall s I,paa,ae in raw in the proper mltmg far an onlinym, cummoral roe pencil td We aW,bu®a: W whether do pRdomimle OMPM c%rW=m porodt ud Ws M amnm6101IM1 of de Gy's failure to adopt the lot Pmadcrd an meir fim In addidm to a decla<dwy pdFueM. lcpeelitC fun to to prcvam Plaintiff from eurtilim Its Mahladl vaeb b$zwdve mK ftmgor, was,and Rest AWnft m 110111: send (3) wenhw thoe am ancrmy's km ruder 42 U.S.C.¢199L On October sufficient aluumbw alms N ran City fur sdbh 17, 199S, Plaintiff 61W NO flat Ametdod Conylalm bwireao to kmw to provide teem whh a wenombie CPAC')on RC same 6roueds,aeeheg amtasr filer, oppormoky rw —pmaim on July 29. 1997, ba additkrWly mamdq a dodazz ry judpnnl Ow pWWff aled as OPPoairm to tbc Cly'a Moaon 6Jr the '2(I TWCEV- i1 beamd iu a CO mm dtda ib smm" lodes The Cky Idea a Reply m ,wific Plan.-IFNII &ruoel'29,19YJ. FNI. On Now hu 16, I99S, me city IKa m R¢on joly 2L I"?,tro eriy Idled an Aw-sr to Anwar to Phtdia`s For Meal C010111M. In FLMM PS awtomd eorgbha. b In,Aarwer, its Anwar,Mb dtrl dswdcd ajtaf ft- Ddmlw dmmdcd a JM rind. ALv m Odobor 17. 1995, Plai.uff nppr" for a D.Disawion tma+mary mm&Wn oldaf (^1209) to enjoin A.Stand"ItWVncvl Smdald ft&m rmaa of paudwe'a condhimul we pelt and Hw udero ma stemu mdhamm. On October 26, R Is me N=of file PM Viso mum IN urm my i m, the Cowt Fmwmd Pletmff a TRO, lbw jxknod to eaumth ad Ism it'm tensile it=of C*Wna tee eo[vacrnmt of d,n Gy's it"A l m rmww fart.ma dw the uwvirg party is eedded m smtienrrs. In the eamo Ordw,lb:aw"eallmalidwal u a women of bw." rvd.R.CIv.P. 56(c): me trial on ft. merb of Wasdrl's aamlimdowl BrdA Aitsyya Bd V. Boeing Co., Say T.7d 946. t2a11mlgt to rim paintift mdwa= wild fin: 951 (9th M.19M cen. &mkd. 440 U.S. 981. 99 heaiag m Pniodil's app11m0on Rr a PrellntborY S.Cs 1790, 60 L.f.•d.2d 241 (1079). If the voting iujmwlkm aaaimt cafommcnt Of me Clb's adah Part'hu the Wden of prod Y Niue(6rc e)lintlE m a mai g oprmao e. The Car"b ated bid and hesrma eonm for mHK ar ate dekodtitt an an aSamaBve tons,pnm I I tb Cana m Ne orb" 17. 1995. dafeIDe), cite rwovb-a 1- Y ssc —be a senwioa In In Nm wMa 27,19"Ord'.*(ammkd by brims "fitom at an Fenn m hold rim— ____`b trier Order to aJmemhel IZ, 1993)den Coon pwmmcndy of but could find amen mac for the muriva P° Y- a =.A the City sworn enmrcmi it cablildoml um Caldeme Y. United Stelae.7" P2d 254,259(6th ppmit aw hw crdatabmmm 9dhmm an n old ar.19116) (q.tdhea w. StLvww. Sumtmry comm activi6m pr by Be Fad Jtrdgtor+a U.dcr do Fcdasl Ruka- Defb ft CenWffi A111eadlrM h1 its Ducrubct 20, 1995 '333 Ord.a, lm,ms of Mltead saa, 99 P.R.D. 40. 4Rr-016 the Came ae*d pwmVf I application ion pmlhontmy (190% 'file mason dmr,if am aiovi, Iwty hm the injutr¢lim ordering me Clty to apply ¢ones or she bmdm of prod at trW, den parry mum eaubfish *Specific Nod chwgbDR as mnllm6'zm Rom IC in beyond pstadmluc s0 of den to urdd ekmms of CC and denied PlaiatUt appiatmn fen n tg =Cll the Haim m dclaae to waml jmWn m in mu aawiort the City', enfarmorcul of in atadt hudoatt paws flea. It Y. Up)oba Co.. 7m Old ¢dog marimk m. 119o, 1194 (5dl CIr.1986). Porihemore, the coal mat vlew dr evwc= ptarucd to tmmhliah that On April 29, 1997, Phistiff filed a SWtPlemmul tdmcdt -&mu t 6m prbin of me fOb6Rmive Cmms dw au%.% ad Ac Gy hu ddr od tw'idrmiry bmdea' Atha l V. L&M HINNY. campledun of the E—raammd Impact Repose Jos.,A77 U.S.242.M 106 S.Q. Z3W.271Z. 91 noxamy to amod im Owtcwl 11aa to sa rc L6d.2d 202(1996). mmLmr" wen am '&a Raadwn Spmhc Plana for m P'ledommue POPM of Pfr4rain Plaintiff if do oppooem bm the harden of proof at too(,Oren 09m prraema ulmm tteuioa. JFrM On July 22. tb movag tend ben to burden m regale tole 190. do Cay fled the mstad motion for auemuY awuwxes dais tw ma Corp.v.Cuum 477 U.S. yatumm or in di sbcnsoim Paned m rainy 317,313, Ion S.G. 2W.2552-57,41 LFd2d 265 m ®a WOe telrQirng ;ewes in tl:a ease: (1966). in tome word% tee nmvitg Puy don tent (1)wbet a ow My bm 'ime d ba so the Jarmuy havc tlo hwdea to produce try evidase dswdoa dw 23, 1995 Draft Ems Psmikm Spedac Pim such dun abI . of a smu m Joe of um ww tact. rd. n Copt.0 Went 1996 No Claim to Orig.U.S-Covt.Works -%NT BY 12-16-98 : 14:50 BEST, HM,& KRIDGER� 7603417098:# 6/21 9eor.sapp.329 L•ap 11 _ (Ca an:NO FAUPl•M OM) . MS, 1D6 S.Ct. at 25S3-34. 'MOM, ... on burden RR 1 6 ,specific plan can bcooae effective. See on In6 OaMn8 p-tY -W be di ebWcd by A fatal and Rnamad Mona v. City of tie 'sbowlGg'-00 k potodnS we coo dv:dntriet comet— Arcola, 16 Cat.ADpAth 630. 640. 20 afIMId gal ever; in as absoucc of nWcrjee a apron dw 229 (1993) ('An FAR is -pared wbmww a robs MMEMna pery'a use.' Id. wAcy pmpotew a approve Or @ry m°av Food vUeh only have a d&DMM c dfect an .the OM fbc uwmg party lauafcs ode WW1 bwd;a, Ovko,a -). rwd mm. err Chy Cem as rtmst 'an aftne patty now out -at Wait ete Here nab a fa i g gal come sprdde plan Is cumbI ht Midi allydavdnt of denialf of fffe advPw puty's plta&W g;Clry's Cwelal pha 6rfomc me sp;elRc pim any ... Rpe Below¢PEW'S Iapotae ... PSI set forth be adapawL I& a 641, 20 Cad,Rpr.2d cob: Wax taw sbomiq and doe is a pxtdae bmc for CrorY.Ctak f 65w. trW,- Ped.R.Ca.p. SNe) (aphis added). A 'aca non issm" of mawrid fact cxnu only wdeD Me 13) to fattpa I of its Motion for xMMMIM jvd8tnts 6 wmmvbq party mates a wffciea &VA% to foe My sea fade cnd=c to taabdsh that Its ceah8sh on ant"elamca to tMt FOY'a axe,ant sped& no net Dee beer dEtully adopW m no wWm due puq.nuld pert the bdr4W of Dtdaf at aomrdaee TAM California law. Fins,de City pauW aw. Celuca. 477 U.S. a 322-23. 106 S.Q. a an &A of an-MW SW of dfe ra Dft zf32-53. 'Toe neae a ;u=e of a w1minm or Gad pasadem spwmc Plan which attaa dw 11C rtldaass ht suppat or de pfaod wk pasmun 03" 'pmpond projw MAY lave a siSrdfkawl affect 00 wit he IradDoims:Item mat bo evd—-wwwh a de tavlmoaers,and a GNYIRUNMENT IMPACT mmn"jmy could rcaaoraw Ond far Namneff.' REPORT 19 requited'(ea OwAs in criaiml,as web An*nm,477 US.a= to s.cL a 2512. The a a neonrodam to Cmol Hera. Anraisa Phonier. wmeom d ds,o movaa is to be bdavad.ad a8 from Nmey Rey, Sr. former. Gnvilwaaea, j;111hMe k0 rammm am to k drawn in bier(kyom. Id. apdhs the b"Sally of time Specific Flint."ad a 248, 106 S.CL at 2510. Criffdh v.Ulm Fowvr At Mr8 3. I995, in VW ale aStca Dot an BDt is USat Co.,226 K2d 661.669 pea 1St.1955). ondaf chy sem Ra 13-14. Tire.cgdmd EIR has not van 000plawd o dm,and Baas the C*Ira not B.An*sB yet ..plied with On rwnlaeaeast of CBQUA in i ordn a adopt the plan. In die k1Wa lade, k is the mnarntry party— Mavalif-11110 bMrs the hrtdm ;f proof 91 triL puNlmoue, de Ciq's dcsiNatrd ctpat mvhoomti Thu,to pival on Ibis Motion.the and%dcr-dam. Uoyd Zola,has deelamd ga*the nave r;eeat. It the Chy. Heal Initially cmb0tl dat Were is an of loco Dads uaa Pasadcaa SP=%F= pWm a eheeacc of evWcoce to soppon pk*W ifs clairm. To iT.WL M wig de atfapted Cry of Paaadem amoume d1k mokm for sty jltdtment nd dff Oe¢rd Pbm- Zds Dell a I s(d). ftrcwm, Boa then set fag rWGciml eMMM w W= a apoto t¢a afifuma law,ds SpeeMc Flat could aatortsbfe jury could,ausably find in in Uva. not bare tern a&VW. Not May env;Owe vela on gMW of is comlmacy with dw Oercral Plan,go pla6dff adkdo awes of action p wamt to Section speeatc Pie IS ac4Uiy 18c61Dtlt M with ds OcnDw IM of TSdc 42 of the Uoaal Satin Code.33e Cart plea mcmdm5 to the aw's agaL mwresm caeh of yainhws re naisirg eWros in u4m i addition, the CuY's Direham of flaM88 and 1. Cagq's Inplatmatadm of die Bass Pasadem Perusing.Alvin D.lmvx,potM oat that Specific Plan 0,Imaary 23. IM. do Cdy Canocil by rrdtm ogbm irad scoff a move forward a baaa leek on Ii 1121 The City rows da that as a ssaw of kw k Ws do Co.tee8's Been& an Eaat pnndem %acifee ON Siva eMu to the laaury 23• Iws•enton of the plu pnp>ovwmy a in decis'mo do L a lwx id O one nR B Pasadena Specific Pfaa,and .Natn ff s pesealed with a do0 of tma oe bulmea ban not ban remsed CO, City Mu. at been revio ved by the Cty's W asims C3osdwsiM 23.3-5. A apedit plan b d dpW yr the rysmmtic astdla ad pp. Clara was ailed tw $ivc fapkamufioa of a Ciq's General pan ere pan w An . cpmm approval a dw made plan,so two me of ire stm eMmd by tkc Gemd Pin. Cal. mum undo avow maps aeeesaary to plow far Gw't.Code 4 65450. Tw Californis I•nvkamncnuf fn thnbw envier and bnpeU aWrm'd by the Q dIty Act('CEQA*)fmpnlcs de cumplctivn of n Counca. Speci any. Comad discord as tray Ctpf.A Wall 1998 No Claim In Ori .U.S.U;vt Wcrtu SENT By: 12-16-38 3 14:51 BEST, BEST,& KRIEGER- 7603417088:# 7/21 hp 12 veo�.stwp.� (chew 4R0 F.&tpp,379,'3351 Salt an, a.p c}me as FmboMMd traps Rupert 3a>may 23. t995, at wbids teal As Cdy Corned an me pmjea: b.%cwK prone d tlOendRvotit to Wanted ae Daft PIm. Hdtershidee Dal. at 1 S: do City.. Ceoaal Plan w achieve emowenty BLn (ft Coartl Minute lanom 23. 1995). botmo n the 0334 Cmerat Plan and he Fund awl Ptaldff cans mat aim ae>iaA an elfad a puedCN SpCcift Plat: ad a Ptt:{ao P6w""d the Spedfie Pon,said dat the 9p=rm Phu sow ban _ maadmcah to Oe City's ZoneW Ctdblamov. 7113le m•iaLYm e(feNvc date'of Jmamy 27,1995. 76ir 17 of me Cn7'5 Municipal Code, 0 mddeve laavy inn stem: _ wledtum Y ma Ciq"Md%and the Fitt rn2d= Wik plm'a repkdum and TIM. 'lee mines mtm d.a the Cay mus"'s htdm n tpptm.c ritr rmomnstemas win detigaattm. .e.intesa id,*, ow t¢vnwrmdm by M. lanes Ikd-1111 16 Civ Mmga to aehahe Raft to must OPWW Art AavdmasaeaadIMtatw1111.y11 ' ' .t- 110 City dox serum 169 me farm plm aa3 not twat ylrn aos the ttvsn Hat Pw-km GP-& apeavad by Oc Ctly Cwoct7. Gawad,me CRy San flea•xatemn,kr old.ma.M.at 52.S9. saarocptal approval'b a draft plat is order m begin de, paaxss 1CM21 y for im find Weasel' Face"de btnln effcod+e data of ibis Speck Fks& wc.a rpeidc pha nay not be ndaatcd by a pben, wb.m hod use revidul vs mat motion, tat asset be ad^pW in eso,dene win deodpaeug nanlmd,am kopmed.Use mono than peaeedutaa ndlowed in adapdm a (Feted Plan (an trend eat:ace and deselopne.i of an heat in cite smMmihe town" vac of de Plaminit spcRh Phan men to ns eaclodm of the Cot®tssioal, on, by a resolution or aramancc. "Oftionsonadtn dawkup M maodards aaainal 0ov't.Gstc 11 tin54,dean. in do City of Putnam Zottifts Cade ..., a do ants as any i misin of ma pa nkm Zu i% pidatiff feik n P. may c.idenae so mmblhh that CWe is incousboonssay any pm ..d of do the CatY did adopt ors Rat lhcadin a Specific Plan in Specific P. fist. Pldow p vwu deposition aauaanl or Cato] gay DxL B1L 1 at 59. Hess Hicramsics,to AeatdM pants,In which Ms. Hosmocb rat, - d'ym-to to gaeshm,'wodd b 7hs,it is Phiaws position that a genuine lean of be yM ttpinim flit,a Mfeet,Wan stopping of me IUR M M l(al atiW a b whtlhn tic Speca Plan has pram. for all practical INP°>h.sopped the emits bath Riven 91W by de City, such Uat the proms of lnplcuumatim of the Spairr Plan...T'. desiAaation by de Specific Pas of its lmoes as Micadatkr OW.at FL L 70.-&1 t. 7W.Ph'usiff is within do CC man caroms. awae tun[ the Speca plan twq an hart beat ,Miolly adopind in eomplhne elm Calilbtnla Dw. Newtwcr,p6i "'door not prtaent am ceidence to AddiponAly, plaintiff conceded m the pteli®nnry onwAst lane'stataaw.t des: jamaim hearing in this Cawt an Pbvembn P. 110 Dun Ban paadcm spccife Plan timed 19%. that dtc 'Spadfio PWt• was never sandy 3a umy 23.1995---Is nth.w platmiffam+m,the ..speed by me Pmmdea Qry CouorB. Sao 3570 ram cn man was bawl the r:iy COMWI oa this due. Fotnbm W d.,loe.V.city of pwdcvw 012 P.Supp. Nand, it is me not reoeor draft. PnPzW 1257, 1261(C.D.Cd.1995)- atbampea l in die laowy riling. m WAS Alum this date to torim d e feat that fanuaty 23, 1995 is th laattad, Phiaitf Was m erablish in is Oprotitim Lot time tad my pub= (as m a public'madrw tIm me City Pte eked to to'tnerba But Patted— eras 1eN n site input an me 40000e -no dean eipceine Plat.' platadK ndi n is me Amanda Report s333 Oral was befmtc de Cay Caumdl M 3mttmry ben the Chy nhou r to cite Cie Council dated 23.190 wad data]Dcccm661 A 1994. 3annry 73. 1995. to mat span.tan CIO`Means lmmt DecL all IS. taoantWe h the HE Cti•Council ta>"emoo the Draft Bat pasadeaa Speak Pima and nCOMMWxb to is R+Wtn, in it, Swetmit of Gevaine ism Plaha1Q be $�•�Dn�n�a� Coosimency ndydiershis ors CkY's tamatdd and refers to me deowlndviw pm�g is mad daption a the t(abaddn daledioa. pl.Staid.of Gov. Issues At mreLooa or the row®at+l anpacl tcpat 1 �• Hss Pit mw6aa ci � e to dome Rmt� DcL 6s. 0. rLirft Own be has palm, Rtrdprov cal rnidthe it tLtpnts — eSavm m of me]amm dcelsratim f+wd.matste. the Car Plante - t.oDxrtdm mat tfa ptaR Pao wsa mi _ C9gw-C Wen Irm No Chat to Otig.U.S.COK Waft gm' By: 12-16-98 ; 14:51 ;BEST, BEST,& KRIEGER, 7603417098;# 8/21 ' PaIDo li 9r0 F.Sapp.120 (qb as no F-%m M. WP rw LYa a irmaca wcwfS ma ft om am rip Drat Ew FmLdcm SpOalk Pao la" coy Yes,PP,,W 06 aav am. not be ShR!o imerinl cIw MAW C0111bttd& LAW. pul B,,,> due M reeofl0adatlm Ills 2. (AO'.r Motivation in bilks t0 ad* toe F29 made u PWON rmad.. nsiuiH ba hiled to I'm.&.Specific Plan press Ovl/aael uses the sty did in ha impmem[ W Ole Kali�P�Wm�b�� 0 a.SaMud aeadodrp gad: b be uencrel Pkn in otder60 I410)PWMd f Ntatub lost do Frtdomsac "moon acw=CQ�y alas iF� Fuck. M flat he lily Wes all t at moMrOL, Pale as chy's apwovid of pldkeu io gWmxl = Ilih the tie F]R,to eesa 60 Sp.c111e PM 10 b Spcdne P1al's Won XMIdotC. flues walculs �°�vai8 6m Iwrade< m9Yls �hha In Ms he City -cow met ID mvkw all dbvdhrPaYs1 Tiowas o(b rims Amen inx t^Blot'. The 5FetlOe Pmpaala in [be amancomp cud Iy the EM ��u a toe acnaic b dww toe saes paradam Specific Pow pbaus b L`t ealrthtE Ialsdaw area rmm 10 to CG,does tat iarpicrc a 7MW and Gaaxal Pb,' Jams Ded at�t fogmem al coesowtaus do. Plalodff does om wish am stat:mmy Phuafff d'islpeia Ielve a cmn6afiaol tight b hn0 Its prppary road the 1d &loped •[appt.c for pond wai"� ' CO. Wti ICvJCIliai suds a dmbim.dkRlhre,to om ca a fonrandc l his siapal IJWaW"as I St d- CM�0* � y dal Prey wcrc ,heady a,maed.CG.I' FL Stsm. 'Illeha m not toe pm►ukse Ga.Woes ai 56. pbj,,;rf oftca the Ka&alhale m6uNAy o6WeWW k s .Ins. V. S Yak ciatoubjuctiW dcdsvedna a cv;darda of hone pj b. Id. Chrirtiaa GOiP&I .Ins. v. Sam fianciaat.896 Huvr ear,the Kdammaol dcc4ratimdm sm in fan p]d 1221. 1225 (9La Gr.199M. =L *MK 498 Wcoiy or discuss Mac I% = of DarN say US. 9", 111 S.CL SSP, 112 I.EVII %5 (19ft evikaee atY aloe Cxy fw/DPfilwd pmJea ls if an (;ift Auld v. Yeaief.3Sd U.S. 305.3MM 86 To ass Wee Seamed CG. [M5J Thu. 9C Cly has 6mkt grist fscruto00. as iffMus STl icstra1. n, palrwd b sm Abaaocx of evidea so asppon ft c atria xMory. c ed w 7taY dcekkzfff fits pblatlf.-loin dos du Pow was e1—elfeal dal Cky Ireaaoally aid b rlwa;vc Pla;atilf of is eaocac d i K.ct Amrndmcm f= Sec KI"Oh v. by he City, ant pwWW kw fdld tor—tu t pf Anvya gnnle, li F it 12n. 1239 (9a evitam;an wblth a wouv lk Jury cold find tha CiW the Oily lm given efkcl b he Spcdtie Mesa. Co.19"(dYeeabg la¢dca on pi oh a v*A alleged c1b''3 soder in modal icon .wn, .. , by PIN. 1ae Chy sdar'n do deW+iioa of D-W lotemmal me1Y disamanad0c). Wnetm, hipsio Host. Adraa, ova®.rg S, ' wen pWbla a,0a rawtop of de hma;a -M161 To rom a mdwtory modes.at lusedm Is .X,MVa am ,m,rdM, ti me a,8 is tbc sae am as do Maimiif a ale.& that lb 00611150t rw Wes m,apeml ,ppmnt ad adult wow. peobcM by des First Anmmloor1 And dot his Siyp. as,o m,pWL ga. 16 a OWdfy n OWS;m e=&a wa a 'arm=*d four" in do City's Haxsa.Mr. waddrm rued ours PA-a fe Crb deehica b d*y he wokom-mion adda 'P-1 cw�l . of Imusty 23. 1l9S.hbe Ruff rs Piss Sm HL HGffiy Qlp 3rm01 EftWu v. Doyo. uaaand by the Cab Awm7 hies iris wpv®wY 429 US- 274, 297. 97 S.Q. SAS. 50 L kA.2d 471 in rya Add ad thahe _-____t —twdtrw sic haa;...ff"w dre was deleted from 9d no! (19M. HOWOU, if due City IMM by I sutf egim list wad to Pe city coutal. Sapp. lm#x*rmco of BIe evitkaw tan if Would have eattbms DGI. IL a OMI.25; OX6:17 M «fdted me seed dedahn M de AS=Of Pb-lwws OW8:5. b is Mr.Nst►6o radenamdk%art ae proeteed modwL Ban me Cly's dOCWW cam be ("ny❑uma nnv arlp/ao as pr,,Uiw In"drah ssid b be m0 imfihanL Id.: we also. D0}de v. Spam Par repmly ties laa'rim 060ivc dde' NL lleaahy civ Scholl Dwrim 670 r2d 59. 61 ida9We:4tt. (stir CS1.19p (aiRtmioa dillrU MWS ftt10h1y On uao mi dat'ahho0gh Induced adivt(y had pbycd e I.M.In is W.purm skgn sm'hc Gh pM sabmapal pal in It; da4r;o0 am t0 ANM* a ,oandy umw.cd gal cram of he Spume Pilo b taahm, tin brand of edoadm had dial s by e m in aghast an row 0sa arising ow yapmy". Impoodwou of the &vlde= that it wand ban 1997, wnwh sway net s is . ua""a thrdo!a woo detieioo traced an iocidab exclusivenpduonc aw"Od y,bc iub S=ft PIMA.- Mule promck,l 1pe6h activity-J• FAC a 190. In Mad=till CWs atrdd for am,mey lrrsotra,m ovw, shtteff ba,sad w Cup,0 Wcu 1998 No Claim b 04.U.S.GovL Woda SEW By: 12-16-98 i 14;52 ;WST, BEST,& KRIEGM- 7603417090:# 9/21 Flk>,+t 14 gm F.Scpp.U9 (GSlese:9M F.hltpp.339.sa3dl lTl Fptllermc. . cay'a ma:*etlm (of t E of m f in Ile.City%ph®L urr" PWIIkH as" Isaa me deeiden arty be a"""•"r"d MRSUMMry amdmmY hoaa far+Tkdd,in which Dew was Wind J.agmem. In 6bwd0112,dw Niab(S"A fw tla if abe bad "ova lard gwt Ile amppage on dw OR easiaby pre) kyf ewumrna madc by ma oR•dmy for to Heat Feaadems Nod&PWP bd sagdi q In do mmubcs of the City Cmasfl fWadllg dw City" w�atlg dm with are bwhfaak z dnd if dr rnpdedIt Zmadmisim MCI'imAfe wttoaefac■elbbuthas -Wt*, I beard OWL' Howamr. veUm Out goyet wWw acam was an Atria. of aadal owls .cad farm whin Intl whelk Are lead dlia, yyctissibiatism.- Bdwado, T7 F.3d at IM9. The new respoodeI 'W.• ICaft&n&.ler noel_ BIL K at Cara fomel diet glum dIc G7g''f atalnf ohm now"' diet 1-4. FuMeemne.wben Joked d'am Wwgta mh to affas t it dad do0. dC =�ll mcmbelr3 mere do the City woald mI amdm0 b do ark on' omderrmic, an ods admdffw evldC= wad tbs FIR far do o opeeft Fhm-athe hum,tiwaob iomffieiat b am clxnL Tam =It. &wfi le. was w olved,Dahl mWua&& "No...([rmdemad affdmed than district ear al'a order g Jog InmmaY it to maul Item we wwddo't go bask 10 the CRY yAsma in tk City's ftwor.IFN41 � it=.- with a fWl plan adl we bed is Wetvcd d00 ismte.' 111 at 42y17. Dabl'B IRdmo%n beard m FHe. Fwow M. the Raw.oke is u.wwrte madmiagode brarsay swam" from an vddedJrd Immc it dmea Id iandw, ■ Fird Auendruvrl pawns• Bea seen arllmilC anal ante Fw=cw were clan. Tbnetw.elm coal faakthatdr.ihatietin ilk f sa alllmm'ble and We, oafs WINNOW D* K.wad6 is aidnr to de arm at had We= s indkow dW a foal plan wmld Ieol be pRaeol b media a a a nsaM soft afemm rrM arts Irw de Cdaudl, not that f nd= Work oar the pwJm RrVim<a dd.lymrml Aft.a.wa.l 1, 17 Fad te wmw a337 be stopped.(Fml 1239. Tian,mdew Phifiti c0bfdaa a fastmary maotin an oar Part of dr.Cary,me cftr'aksrion lira f R Man..d. fd dw db Wiguion mew Joan.wa.imun de rear 1a1 an bR led Joe and hC w Job wld, +type no HER press don arm in na won Ihn it bed eaayadmg b.Aoab'da .do whh 11w nalmaw• (e)The C,igr COMM Ina fr bar 'mMEmin re.mm FuRniH dw ammpm b emablish that de 01Y that but prevm%d R from ad0puag oe Elm poses sod a nobJomy a„orive in Imift Wedt on dw puadena Spwft Plan." City Mat. at 2420-21. .SpWm Plan wkb Apwfdea Uww---Y of Caarol Hurt That rosom imcbrde Uncertainty a 10 wbcw dtt 11a:aaeaee. as AMC%= MUMM7. VA— .._' if MTA will build a station and parlor ridgy m mya®bad eaweeaed to ber resoar for dw arappagc mmsclmn WA the Site Tide ggbt Iml; dw divomw a f tie Sm and wart ream war a0lessed. Hum of .ark from Ae wAmuffd Planning Met 11wneldm mapwdrd,"Ym. I eras w...Thooe are pkamftd%r&M trmwst to projects with lieha wiOMT a yd�, aawm. 7N. lbuspttw] w I13 am of 'tesrue of tldr p.maaw kv dmnomic rovitauNti m td., fie.L a 73:7dd. Notw;n.n ding dear and job crcwkm,'the wed In rumx the plan due to the wibrdsxa Plaintiff lead art sedy ilk eo•sraomemal bnpacta,each m hums and raft&: d=rWaed the rawm that 2w EUR was sopped,bra WMI rd c nammlry concerns .daring b bad aaly hard about the reaeom, MAWW "0 m -----•-• ivp.W mralatd to adu t bdrllenu. rtbm the Cify'I 1ruffiazzi•aaau be pmpmbg IN Lana Dud.Aj 23. - (mdpQtdadm of the Sptcik plea. F.vcm mndt®g mat eds 110gatlm was am of the Wcou m the City I PM.re Clky.Iw apPOM rho o.acwim win a dttis+m4 pt"i f has fat Ibhwa do K was a deda.dwl Iram iU ddpwkal newt wean.ranyd •wbcmmc l'Ncbr.1Ftd9) FuFMMD .Flshtdff has Zed, who declares IM -I1111tW defile aM"yaaCity'S pgared for de heal ate Fed—9p dw plan Gilai W raise nne,grcolade b mbml tie: vkk bast ldm tudaaa,d daa . Apifiwa.l ndr—, torte i..p.et d.1 it www lave made the rrnt decktm haled m .row rib far am bvmuod Iml .0 iowwo other faslrok such a Pee bad•1C study m bwahhlg papond in der pin 7hia 'vM wAd Jody be m int edm ham dm WrA,m w&u of the mtlaa tvddd M relating de imawily of lam = l...it. ow f eMe wa of several don vA daeaibme prpm.d b,Ibe Shads HM,"Ids Dad.a 1 SW. a m'nec.$[aster. pl.ineiff,hoe..w.,mmemdl lhm tie Crty's pro itred IWO, Pbi►ilf .ern iI -city wimva a Tm.em sae pnaearo.l. PI., Opp. r 17:7-10. .kpraiaa...imfond dug it a ow ku—it Ptatadat'a alkpdm a ba.cd•O'dgO MOO a cow.dm kawa es lm that dW[Md [aOma Mid andtim Copt.®Wet 199g No Claim b Ofig Iles.GWIL Wata SENT BY: 12-16-98 ; 14:52 ;BEST, BEST,& KRIEGER- 7609417098;#10/21 980 F.Supp.M nip is (Cyr: =0 V.Supp.W►3071 ere.' a. Mt. am. lydt at 143. Ntnarvw, 3. Adequwy of shcomm lmduw for adak Plsieilra Posed awwas a asiw.q amdly buabifatoi in the city ,W, im oft oumrac 7h6 lased[v os ad dla wily bn ba darlitd the VMW Paams of dw A.Ntutber of*"avail" epoMK pba.Ise.or a'vwitp of faaaw.' 1�7x We pWddm in Kawaolu. P1sbMPs only (1)Mi'& dbduw.dne DIU"ails cvidmm d a retaboWl oodvo rum m cm-nmb pkwff swum do do City's addt Waims wrath acids to City Plrm6rt SUR.in 0*cap by mkooro aa.is uoemdWdoml boewwe 0333 it'aBvwm wo of unde ispa idnadmis. PWwB(M oo pwvldd fcw k" psaftublo bcadan flow aduu say adWdorrt etihwc d a real amy a adve. Thus. wMacn,* bacomm- in vialubo of dw 8ivea Ors -maw teascm anicubkd* by ae Chy to tcptkemcm WE fonh in 6ty of Pent"T. p4pdme stpim its 60cw 0 to dWy lea of the iIs wa, Lie_. 475 U.S. 41. 105 S.CL M. 89 SpwAk Pho,pwkdfl ha But rvacud e.id—m L3E.2d 29(19M: W1Im1 P;GPer6a, IN. r. Cigr wtikh a rmemabk jiwy wm0 fed lot me MOW of Whma, tot F1d 1102 (M C 109991 tal. Kiwa01O, 17 1Ud at 109. rWmmn,the City's tWtid 490 US IW6,log S.CL 1641. 104 L.BLU decision to 6"inplwocmrtoit of the 5pcd6c Pismo 157(198%: ad Topsga Prmm. loc.I.C%Y Of Ial is dktlmllar b tke Sleladoa in Tura v. Btllmeyer, AnPr+.M F.2d 15U(SA Gr.1M,ccrL detlled. 721 F.2d 1260(916 CK.19t3),pert tkalcd.469 U.S. 5I I US. io3o. 114 S.G. 1537, 128 1 VA 7d 190 On. 105 S.CL M. 83 LPA 24 132(1984). wbcm (io%). FAC at 3237. plakoi f comea k tbal Were cls:dry dwdd dre ojd= 's aWbdon far a bulWIPZ i a 'lycrmiae%=al dwpmc atucdivt die cue* of pea sk. Thee.depaei m inks any mtkgDd 9M a do pmprdaa ave;la36 and the man of tea Co awl rmedrrt hd bad called spwftovy to lied a ppgm*r,. fl oyp.ar 14:10-12. way b rid Ae cily of the pb r6;lpa aduk drafu,lad suit mo Cornell imuucted be bpcetw b day 191 The So➢=Cmn ba bed the what a rah'may pia nW. b j et peat. 71aw. do CMM AMI&A tabu adau busloeseea by'dipashq t m...or by mpapny ide®4 Howerec. We db in Tovar eRacdvdy ckeouadot Oneat'such w4dolom mas WOrmadvab aced to 4.ay plsmnif< Isis Firs 'remdo from eBcefi" dtmybtt ... a rawvasble Aafadmea ridaa and admacd dal it wwW u"mrrraiy w opm awl uyarak s•atat Ibasmcsd nwacauy be bm0roM far de Cam?a is&-1 the tAgft We dry.' Pansvo,475 U.S.at 54,106 w.CL at iatpr to do W o buildiat peralt In add'idva,tlw 932. mcc Supmrr Coon hma a w pmvWcd a leitM ldaiudiC raised a pcml ism of is wile depaskion Jim ado br dawdAR4 whaher a ww"a.dw m aa®wy do Wndbcard d c sole tome la loci mock yams bt mos mblo alercolm mmea or dw W was as pmwa p Cow alPtittav Id. a1 53, 906 S.CL at 932. 1a oomrar. Wt Maltnta a me baow ewe twc na H=Vff. d: Sttplwm Cane and the Niue Clans ahmm dtr c%h dt;osit9m wadwwg *w tie otrly mvc sentry n ld LIsn:dab lie Mir tear iad fa icasww de City did ra anea 16s Ifle Plan kougthmselres b the no :tale Olarka. m m egtul WKS W prcvoa iu V Ammdoult wAivity. h5sM rids t sk 06 S-OL Sd 90rfblb atd FMaLrinw, fhc city: dmisim the bay'-' W at 54,impact S.Q. al bas Is 'me '�� persible asutwtrie ulyael upon a hoseitsa E eta a spnire rice was raa gmuk W PLiudf,n it rmW facer W be modoczI by the worts wbm be is n appumfott for a btiWfo8 permit. Sbc acurmiaiut wha6er p e4 has pmvided a btibss Spetifia Plan Will U99d ao tsitac ooatmtdry. whlie with a rcumaW ale.esse bnadon.' Tupadp Pram. the dwdel of a b ildmu pemir mccifically hull 20 9K9 Pad an I129. Aa a rook the seed it eat W wollimal alum. FMMBY, pwofiR barz me prmbtwad .iagavlal „da afiedw ■ slocdiod an is a 7 ay.4 indim iat dad it hr opplid to the Larry •papmnzially tulle' ' w mly ' 'pelmmaty, ' Y m awed dw ocvsal Plan err hem awwd down ppprod w • lamially, , available.' Id. (awotart based o0 me City's desire w c,gfmn Pkirdif(a F"mt Ilemoa.475 U.S_at 53.106 S.CL at 932). AwntdmeM laWITI a. 7lrctdoro, baave m the dq—wu— WWWAW Pmvl6rd by plaiaiff. a toed. the leapt is film w madder 'w4scdm towable jay eodd eat fid Uwt W City delayed rticcpAco Bites providd so a lauirau ray be be irrtPisawrtmivrs d lea: Spmfie pin solely to vwaldered Port of as aaoal bwkmu tat dare dmart PWoWs dwbc o opm a woo her. audot' lFNl01 and riot wbemer, 'aft,ahrdiug throe"a erne pmy am propor y he cmidv.A W be Copt.N ww119M We CWm b trig.U.S.Gorr.Woda SENT BY: 12-16-98 ; 14:52 ;BEST, BEST,& KRIEGER- 7603417098;#11/21 9aD p.supp.329 rites 16 (cite on:966 F."m baL•73a1 pan of the mkwet teal edam msrlmt.Here ace as do,L ate a•keen 25 pmztW R . is wb�.' o.Immed aatf amgnam numbs If of plWAW reW-limt aaee for on a an* perfwnte d by Jmo ehandy"imin btalwama.' Id.at ISM. The MOM nadlmty nes"W tort size in dm M mole nme g C'nvva Wes afftimsw temma diva On won Twat use 1.000 late dimmacc re f Own -Fgdzlg mmlps to damralfte Whelba a pardoda rd� sit is past Of 4n: tdcvwd few low eamdtm W elteh: aramd w se atfomod jibe ... to efn{11afe dw blooa: dead or the Iim font scrammilm pto -me of dte C1ry's aaat oR ropla sum, lsmo Dbef. m 16. FMo.7hc mro Ctmoa wo hod to a Lwn oil Bert m, OE me ma (Sty boa aw pmfidd "a acnaiaT tTastmda ahem oval absK Tdtestta a Cost win me Wed"of me auaw"cite+,ant dbe pmniadmr teimtian to b in sees pee a the rwl pbiaifFs de igo"eaperf Dom me Novaglew 17, W=Wku.- Tgwp Praa,M F2d w I570. 1995 bmbg dimpadca fhb msnbm,me Coati Wo1 cm gandigi f me CAy's n,I -d of dcttmbmog ole nnnber (p F11m, AWO Remo assesses tha Ibe Rot ofpoom eavznftslumishsambiks. Ammdmad airy to4aiFcs a ammo sim m lee pownumlly avmdok comer IWR move" awa0ame, ML In aWN m D, Cry md"ll dtsfW do require not of paaault(y dilm0llS 8MWW fetpthco,"L me Clb's mnaWpal coot also pfmida posdbtLb ...we blRd dtartmiDe Bnlf foal l>ropMY Iha'0,eadbr wells of a dew"uabtm andl ij wt'potmalallyT available when it it wA=o abic be d ed b Sg Tte om w m ly,F Wlm m m saes vam m believe lbet it w6did guar bocume aa'lMk W may ` by a spawn a o r Foul, pablia a rclum ttbod. Iemral top �, Q p•h ad r¢rtaum etomacw enterprise. tvcirry . (tom knows o semwm teal 'knot m Sm wk ... mlmtimt sites dbieh at widen mead Oria b ea.WNbm,r of rive am b.;., mmutatmaitg or id&mtrW mu ... dust we sod a Nos, IADD fore town tide ededa ae% of see seseW agemil lc to des:satcre pubk may the ,00dles soon smtooa.• City law. Fa.6 of 0012 bepaflofftmalka. (AddiiDld Vm "dine If of P,bLC. 1 Ol Tsded,sees,to mmollaemdom wee which have nzamo). ptpa is n- alTucwm ... noy be Included in the madat. 1l=mv pgmiifFs erpal. Robert B. Um4haw,bn (a)Ibarth,whoa fchrrafim sik jots some Swaxle patented a sl®Ic mapping mubwn sd Povid d mmmesw wtaprm,ahhwolt we-m parBcolaa ds vomen Whh one easy dtddd evldaoes of toes emerpnm,h too my be uk n be Pm d the coal mcmddo(ffl hot aim as Wrotlon of am tdtea Go=nafirlseL... Wenifed,ae Coco will duamme Wlulher the City 0) ROh,and Doll &vwus, mole rrlaeado a d= has Ito &dew= Wwrnaeves for Pint Ammtmca Which arc W meacbaf toned are pan of me taprestlon based on pia AWR eapen'a f-TwV. BNIkR. ARz pofaecm6 a mfdtlg Seelyafs aim tawvey,which Topsup pm 969 Fad at 153L iFNII l dw move ar emmfrll a 6'cow mistime y P� aRse' orf mu. The mud fodeer euPhmsifM mess t= a a w Isle in at City of Pasad"a-' Thad Lambhew fdoallm slur is anumed me fan of live:makes'i Ikd. at 14. 1V M11101110 and mule um mmbcm Is tam fdn=Wktm a wktaaim sae WIII rob In depend on Wism the nfa aduL bumne s locam hm pmfin,hoor owdawd Lom of am mare m commykrps Sit I AM fool 6*1113thm 00PIrtmem be xnmwgWly bdottmb for so adolL swum... Id. Furd¢eoae. to delr>mhtc me 1at�Pi of 'fbj tsar IswMha+ea' I. pm of an Mud �'avatD" asses fas adalt htrthae in the Tolmo earalb- cily pulca CG woe.ImwdtluW toaeidwW the Idownl 7epwga Yta+ti 9a9 F.7d a 1331. (atloTe: W Amlyaia (A)the smTio+y eachwim hem aw.aitire aces' madatd by mhtcol,n OH'of the Additional Use The CV samfeda dm W dub tare mBdatimu, RcrAnma of 4 17A.W0 (M film &UNIM prammm% adua buabmm tidy In $339 d, Cr eeaurenumd, a®6 district (FN 121 are conmitmiatdly wbmd dB)Dee 2e4o4rmwa of 1 17.64.120__.coal uu newt . bcm=dot am as adequo;ttmnber of pol"Illy u ew be trade of mzW ba0diM dte cawkwu ar avg m k al®dvc$he$in=Asia f7tdmiwa buelnps mm of Which faoe a rsakma:n= as wW as odor idol busiarsol the miyph bolt m (G) ae Unto Caaidm ca JwJmo of MUM me City.City Mob.m 21-16. The City mainlaim ow olsttict pmperty looeed as -[,tided by aTi-d— Ctyf.d Wen I99a No Claim m 04,U.B.GmL Worbt Spy(' By: 12-16-98 ; 14:59 iBFST, BEST,& KRIE('ER] 7609417098;#12/21 go P-Sump.329 Tap 17 (CJh lie:9p6 7.:909•23%"M N of the Ad Worrl Wos Use RW ar! 17.MLOA wrr.eid red aide mid.' Y. t 1 A. (D)rise amhai n a d pmpaw mu pe•�d any miame,ai cc ed ws dart mmadly la of an dis i difyi s.1m a aialics discussed in live memioe in dw rw It aq (am im *mokft cm of Topaop Pass.Iac.T.6ry a[laa Anodes, w+a(adl D note dEb Raise-rocs and-pea 989 P.2d 1524(9dt Co.IW5), lied-loch Ias1iG°d that IvI km aci to (ldml:' LL at 1 25- Ot cotttwlon dot Etc ptepem gaud weedy b< 0ar9hm addcm. 1ealdaw 60 r- , . am tadsslrA from 1ko pde.atd tee mat s adxt. esduwd as pteppow 'w'Mset sm as of Oa FIt6t l9rnaaw Ded.u�U. kootawla or o b d dmc was m •4ice a r T famkia = mas Iretcd.• d woo 81 eardnadt key preperlw'mar were musifd a dw Ttm.LJJM 6kw peNtmed roar kveis d cvcM1eikos tsu WOT a 1 .1.1 I umosm .A a ek OF m tleanndot ME heN= It aid 16 Sias were sau.oaw worn fend a rsidmtbl LL r7YB. potentially VAR311k for w dl mE N the Gq. 91(arW au add4. Finny,and mat iMOvardY rot We Cm&s atalyam lesidaw amok'" It ttwars dot Plaintiff is now"Milk S D dls W WOW Uhkb, '�lur�iDA 1des�as itadf fmm is awn Lwtd*a none, Mum& Wk: dsadd pseWV ya"iraadm. '16owelira0l'; s net the t5gtivaba of TVwp pm w.� Pad-do `...kaamdy' c UW* .... dot hvsrie an I avistu v atdudd 4asl m dot Lctr WAS" rd drs6 witk *medical pa.rrstTsd*'Mma Per", v a, Oeou pot were available flem an pyd,•as dedpmkip,papmr'y ewpd by d.Ad VF&W odm of a Maine saw, eW as a>msadrm of pPalddm 1a►d 61 Tom.Uaiwaaq.eat p o wb bxo ihd pwcd4 m a0 wlat Was wawlly lie Wrmooup"a!pip, Y.II&Is. To a wlal IS SCMPY reomd lie 1ko paaals,0— ., it" the iraltomara deearasion.—' PL 7mtt Ile[ Vll&, laorlaw IEdiestrs tha he 'Ed not Gm lino m 1 25. IFN131 Yet. IAMWMw'e satmpt Ili ddussim wbWwt A"of dtc'IbreaedoRy dcc4addis mob dnt l s daemulift Val In Fm pces"$le' my which pm]Rkwified eemivmd s;ak prude, by Czaddap a31p eb. sadividod parcels, cot wwcb wem arAWly aw)AW, wen sftgm y by Slowly lcoldnp:amni%—P•11WN1q dfvdWA or ivewowf for dt boevdd um, as 'I pofa>wd Bd09Pdse palling space,' b=Lamm use F1113. 7ka teat data t1u PimalR has m R d"m 10 OIE Caret t>catisfissi6m of sirs *amused expert Nothsarq b Oppoewm a d- svAbhk WMB dm fckwkM mil mine;market Fad iwaam- maw-. raiwff aa Wa on (%Slit IAUW= next at 1 15. SEC Raam.473 U.S. at m.7 miler aMMW manna or do N--nW 17, 53-50. 106 S.Lt. at 932 ((= = Wma Pope: 1 v 19951kg id oron2cm wile mt OaM1d 'a aartikn beoccup a irr&vaht): WOOM T. far■amrav tNme� sm Ft.Mm.Om.awo+ OW of 0 Pato.49 F.3d 1110, l lSl(Ah❑c1993). '.. 1' eon. deriod. — U.S. --, 116 S.Ct. 51k ID Fk1ta.la sk1w.�m sm tl e Yoa stork'a not LFd?d 425 ('fir Oat a kit May nm be to mview or city's wring wd ow"ol a. . ciogy dcx mMc him oat tada it wnmUaWa ®ps W iknkill'ad of d w vvada locard w tw ... c,.n=a1 vW hly is 09 a tdeWa CG sae. Fuu lvokbm Dc%L a1 TL Tld nca eeratacodm.'); Topmv Rea. 969 F.2d at 1532 arrp,hoaw.w,'.w naiad a Add swwtl/...m (6ndaia dm ham sock a wbetber Macadam min ads,: 6irm mim as to dw edwaree uud Mve,m wad apumvdy atI i or wla6a %dull kmsion of mq 'rmidve rate ... w wdl sec in buslovemes Me as wnkoosed by L..ne+da am domino*Ww dam eve baddwip-din dive tusercW). Tha.do 11 a 16 mite dot La hhaw Tara wish ovum a etik which Well XSWVtW tot.pdmd p ON-meeleduspy•.'"able,'arc iw rant mm.... Mo1ka MPwt or at fdd study pen D pan of the rckv m lest alit worker parmea to the Oda 1ttWMgLm is OW D darDlR wlChr Teptuga dtt=.(FIN III under the secs or We Topwv Peas sew Woe sore sq Woe, prcmt whidt .,wm dkgmlify peopalies bawd-Bray wars eve Part Of ms wtmml F1115.7hnre slm w a idlowt . SILO. Intaeeaet2Nn 1 Ocanyw prow. a as.Loe 2 to 3 Saarca Bonita f walnut 1 walnut a oak Crpr.®WCR 19W NO Coon m 0A9-U.S.Go.L Worb SENT By: 12-16-98 i 14:53 BEST, BEST,& KRIECER� 7603417O98i#13/21 WA Pau".gn FW 19 Ulm mi m FAM. dwmiw roa n d eammu*wdm.' Id. Sbdlatty. 16 jkm dM m enkabo as temt- or raw of the ae l 1, {D Metoadmd fwl h aeI'eeaLS 6)atemt v. Fwmnc.- Fatlriamte, Plaintiff wets b[cal ik Clq or Fan Lmderhla.7W F20 = 1526 G lth reamw of de City..cridras that the tvmber of NAM Cir.l"O. farad Oat in dttsoaimtg vbe&- dm an rutotubk am ttth Comt1 Prior Order dmybti rxvlba of skm avdkbb for a"t busiosatw in miti ffs ptaliDlaary adanolart, at wwwk dne tm rcafinebk, do mn shadd aaFaWIT 'camtaat0 Cart et BWd m 'amMae hwaa iota[a tit>satb n=ds,the im.. ce of lode bm is otlmr eoapvabk scow fair vm a&I"firm n In Wk doe.• 7A0 fA OXOP.Oc Arab of de ci)'Pka.and me bad RM Fmthal Yd., lot., 912 F.SW. at 1265. of d0 Ot plan wort pwards.r 1FN171 Howes, in opPwkB a w®ay jvdiero moon. pbww tasmt an tip' 'arm allegniom ar FN17.re coon wm'It 2 Im how VVM CMW decide: MMW over m roam scan rota Farb akkraae m m UMV a 72 skm[10 ra Jlmly dat a stasomMe jm rood nod in its nsa. live. uBft busim s atf 12 for ow b watt in s pl lea hm ku to nisc say b w a to vtby tm 11 city of 156,0001 for ass Ieddl blll a l"M I" W 16 Shev spa71'tatly, S, I"by its own cgmts ctwoSb. .Anna wraa.a' o 'be a,� do INS rgmOfhb'0"a"t besiamm 19 taut=b bt,fadona Fwd,794 F2d r ISM da City or paO0ena. in 111011.Plaintiff Imr wod m .but say of dm Gty'S tM= rcpat" The (7)Amlysta mmmoMe Less of I I to 16 sits. [12l The CtW aura t>ad.t:rea if im Coon aoeepp Wbdo PWaff ba fold to camadad me OWS Fl nWs nambm of It 10 Id paoodally m %Me erWW= of -M,,, leWn- in otdC to mire Al ebm(ttdtkh Ae Ctwl basL V e mmlbe7 Of Watastin undo= ®oo of m SvfW fad. the Cant bw siw is mmombt. gt m Pmadm'a PdPtlfdon of his code its own deurmi awn a to the 13SAOD and 'gjvra ate fact mk b1mo kft only ON M.,,ld. of de Pacatially it m 16 sibs ahk on Ira Ixadd in the My and VM rota 94% an►kbk Orr atlW btmu:xmw. As do Cky%Plvadoi of dw City is tied aY io-Men"atd P.Mic=wits mmcwr. Mr. lames. hu &=brd, the Coy d uwa.a CIO.low.A M.27 to 20'1: James DKL at I pm dm hu m pcpW m at JISAM.aim two U'S 3. The Coy also comrade Qq de ambur Of d its Lad des pw d as rmid=kl. Pttblld=t u& paemaiy "sauhk situ is mmmbb co mwerittg Public as open IPaee =coo. lases Den. w 1 3- dW'w pesos hn 6kd m appliee!a law a Pamik to rks tlttaam. * ,,t ad* hostess is praeaO apes an adah basmels WW-6 do City- moue 19115, Iaaad W tit CSty, undktmd by the Cuy'a taanaa esoeP for It Selz Shoppo,ao adult mabkae,whsA tadlNata, tad Paabtdff is mmmdy the soy adult a m pdar to d¢CW's 1995 aduh on sae dmgc. huim,dmsadiog a loca4oa w4din Oe Coy.id v I . lam Dal.at 11.12. ¶ 11-12. As aimed amv%PWflW 1111 not WSPamd Ole farm. 71s (Sty's cwcaur ty crud for snub PW drt digam d.ar ll� htYe beat to nder malmm,duo.Won m be wnaB.camikAng and regwmm m opm adult bobs dare 1995. nw mQ in or a* Itm" or mpr+ti0° so haw x otrem,to rem Jam' atom m. PdkkF mrcly apphrd to Mm an aNt badun In oWr In yens• . ,ram,-mumtatm Penom alga we actively ovddgt [FNI91 In add'tlim.me Cly'S xatthli wdlmw dou wiftm C alum m to nod emus for a**tines. Ste t x alit CMM ttdnk mw at a abwmc m. a ICahmOala dodaratim.• H.Stm. Gas Ilum At 9 pWMW$ewtmt yyaiottt is sot esaWaed an adult t0. But ft Kala7xhdu tkclantion does tut provide on and Is Sex S Kww. Oa rah Fir ad* any Allm t focal or ImDms of a tbu adult t.,aima in the CSmr. is rat >egmfd to 'do= msimns atsrmpdte ha mate kl ihsmt m. m aol, TLw. dw City's mdimm in diHemat Botts them pbutiff fills to paovide any arittore to I" Oc iaatidrml heceog IbW rvl m p"Wa a raaamblv CiO'f mot, tau test 11 w 16 on are adfitim for a yp,n Laity fir aduh bwhmm I. opera=. Sm sty of I35.000 wiO sae vicetiMS adult hasims. Cdy y..g..Asa km M6i Thames,lw,.427 US_SD. Na.at7�. 71 0.35,96 S.Cc 244D,2453 is.3S.491.6d7d 310 (1976)OWWWM adult buiu=mini odiamcw in b MW.pWaiff m maim that Tv h a 9=iw Pan banns de a5ab1 - rase. fwd dd ' 110 fecal Ospm_Sw4fgi be era.ar do ptaFtria (tdl s uzz do not arre<I tM opcmd® of exis" avad.hle and am Ron of at pmtpeniee.• pl.Om. esmWhbaem tat aoly the l"km of mew era_' '): at 14:9.12. How ,as&Wd above. PWRO f MA Warm pmp.,im,Cie.V.City d WWtkin,961 F?d n point rat how is ova opert'a defmntion or 1I to I1O2. Ilt)¢!0 60t ar.19Y6y ploldian ova,..ala.= C^Ps-0 wen 1g98 No Oam to cft U-S.Gtlft.Works SENT BY: 12-16-98 ; 14:54 ;BEST, BEST,& KRIEGER� 7603417098;114/21 Fm m 9W r.sw.3" (sec m:m Faupw 30.13431 atdwwa .Asir b�elovttet): Akmder v. CIO of wpwt<,d,M aduU hruilerava in tat:am wAb 1.010 Mi�pdiR m Flit va (lira Qc1991) root ae rA=r Pucom viebled Frr Ameadmrnt (dcktreiiflH 6.6% r W d m'a Or 121 daa were hotatno otdfowttee world •fav the boll' e� Ita"Wtle for ea0aa of am tltmu.M bait dah adak Thaler m tale Ckyl M elm r in pntms Itnhlessdf , aid E■ert:rt+c+. Ile. r. Cly of foeaum wslh m de6fde FMPM of a 4l 6➢6 M 'r�iaaMtic tppawrry' .DB.a99. Comm" rdriedc.'); AkaWMer T. City M�Wa waM wlae t. sir P.7a 936.936 (8t1 Cir, M Millel aids bfdmo "Arm tm Forager °r d b art gods ad nxft ofdinuce alb 5w kC seprrvM agmrem`°I trAvr7(rsphri . 'Anbltl Me Fhsa AMCndmtm k me it 'not °all' mule FLdmdrra tamlbaw,fad rKoMes�adlel wum but also aCea dime a B adA6aa, esl». cxjdc ce m are in it wu curled.... Tbf.R ale at dust 6ctreu .93%am.73%of Ile Cky'i tiled atu fifes for rtdrmdua..,(Ouch Is 'bmmdmlly FiiOd� for Weldon rot OAtk *At[twd.e rdimmPuble(e. .mme bars let aasbfiflal a bdo f.'IPNl9]six. Of urd that silo ardidwed 'moil mow: uh ertcl MF of laid of ianbOc Or Mhrmtddb mddciva the camber of aobdl Ibmioeual tkt nit as to be P malx avertable fa addt ..: rd 'm oc. ■Adl Ibaskmwl wall be■bbt M Sites der a Cl4' mW , lareoteaSea. See IakcLdd Ianm,�:. 473 rza a 1200 wr°s ')' ('draw is m requirement in PAMM WOMIRI. or aytfa,V unit comma,der dw'ciy yrrr M tsar rlawhce slat a■de76c ReFmdon of a D"COldl' ■dr ad'sa wa.he m a.atbm of OIW* be opm for adds bui rimer Or flat a certlm msabef .Lk kmai.abed.r liar by IM fw mwiI I f aiim be aniltbk.'j. COmid ft dot all of Me odi00bP...eat: m dM dry w va racial by VA.".life'fof adelt bosPWVA a arc ktaaed ilk 6o gnln.bw Fzndna tnidats.' aiilelmr DvA. CO ■.a a &swd r a com Ow (Sir's COST r 1 la pz D ltwdada a taw leewWr d'pplss mudgim, 1FN161 a e Cify s MLh we mdioMee MID the vo rs d mkt h �3's dm,Ys m far sdvk bmmac3 to m Rgdte psalm far dr Asia Warmed loerd i■ 1pv0■rrsoutbk oy.71 Ch Paatdma lid as,diFri,6 fish 190 dsse:eW{am aerate wit)t<ls ttY C9q.The f5p's manatee dip not My's dedsi0d n w m.t are fur 9.4 to a Maury qare mW exbft whAt Gdllfla so cot doao M in tmMo,tam r Coy mxdwW b be'"■tread a. watts PMpertim,and betwoa■I a fled 16 MM adtdt dw striker Hasa, bw seem rwad der lu.itteas.s ill be abk M operete ematunetstsb n a r)VM=sra of site rt w a wry'). while sat on mi.ity =mod a ProvWn): ka¢rw r■r P..a , liner Ma h,,,, Y more a" even I sew adrt bosun—1 adeq-C Shen OW bsrame,arior la the Ctbra*&*slim tlr CwrR MAY Oaf idol letterer. is 6c.td k 6ltpsans Croat Ors Itdd AY nrinL aati�cs PaMdcN. IrIN211 a dry W1b ad% of is brad ate" wk"de pewee of a"hmtdmm Ism" W& Plamltf tors albdy baadne hem arc'1me.Nate,ad mmr dedicalcd m sedd=eid ad Public Dam altrtwleg a mVkfemn(del arc a¢eNssds M bat sd any re do bmdw of selling M* Oft el fic daiatd m a a vtsOMME.i P.aww+d boars gemlae inert M to wbedo r be om Vw to It ad do or tM.asmmwy IWO adswasIlm aaaa'ss tf pro'ddW va"mbk ab",dm "esros of w, Amvw,m t14 r 47,106 S.C. MaWff has hied to du m. ow> e. 1 roftt0mC8N0a.lf'Na) owe. z alM Yae.a r.AmetwM Mad lbereei, Ia..47 V.S.P.70-71,06 SaO.2400.2457.40 FN19.See Smatd latriw aw Deli.at 1 IT in Ids LAL2d 31e(1M Thnd dwAuM d ladAaa dCM1111 dmat lah area Therataa.sW Walden b kmc this Omw it ww w ar ed wamWdd Ile 11 M m'tlasttrka6y pmst'Na dr ay's aart r.rR mvjwkM 'dmsn ex— -SW is tlkh m in live City of Pwmkr&'310rd arrweedy dwysaa (isrodirl a rvw,bk la=dire 1kci. r 14. P siftsm rq Law"t w's oppmeliq m q. and �sss M t I" lobster demennismion or 0te sew sits.Psrauay mitre wifw' ,m sib'- Ream.05 U.S.r$A,106 M. it mom ptoo ism. catud rutd do 1AM row r 032: T.Mv Posss,M9 F.2d r Im(W to Millilitersr,Vd mg , am wab■rimasia+•km.. ahtaw I.rVape from Re"ss"tea FordelemiYdm Vol Fat r lice('eke mobr Of atM 3t+109 M reMffir the AM IndOmms' FIM AradmeM .rat j,"mmses undw as arde dmvf.e, rlgas in 0YrDMW.'). Ilse ,At Car mod doom"m so trait ado sled avow d woes m 49miif de Cil+a nwkeap dwisg h Iowa. ardbhk ado dr senile Wham.br a hr Aft Tt Kkwr issao b wmibr flw mum bfaWwd letms4dtaa d+Ciy.'), ea,,w by der; C'vy we w, ngd ad.a k.i. sera$ Ir Corse= WAS Arum uduk La:tear with 6uM MRvie.o 4p.a'd'n b gist d Fld b n it r do SM eat "wifim Cdy. Sm Iahrrr 1arWw. 4 Peel = 13as fi" .M .. met., sad dte [�N IMeaertlCmt d site bmI M aPdrmN Cops.0 Wee 1998 No gsimto 04-U.S.Cbvi.Wolin SENT BY: 12-16-98 ; 14:54 ;BEST, BEST,& KRIM- 7603417098:#15/21 Ties n • 98u PSnPP.34A (Chi s:9fi PdMpP•��`� bpi dw ra .ycrYhncal Ih. tr utitiy tlr denmd for adill etlahll.lenvr'a evrar�m nil rot fws r reidnrid hmirlee I°odinm'1 m nL Camabnion FMI.n,^ds Cbl a m had vii ft dead. in Tgow P"'.•Ane r ko tid."t bwi mn Far all of fa certlao m for& ahem fhe Cant �oatd .gwed ro toew W at m I'm RIM m'ft ORDWSS 0m r*fervbnl'r motion 6a iadu film hx"in the t1Wad'r=o8 am"d it GRAMM. larXilli d.Pm 6dn."'em Topm Fn= M P]d at 1531.33. SO ORDERHO. [TOE- Se WWMI, di F.3d a 1136 CAM Hu.hcr.n hW In dm dW dh um left Ipco W END OP DOCUMFN[• Cap,0 Writ 1990 No Clam m Od6.U-S.Oort.Whd% SINE BY: 12-16-98 : 14:54 BEST, BEST,& KRIEM- 7609417098i#16/21 9A Psttpp.1017 Peer 1 97 Ddy 3oumM DAB.13.304 (Cik me M PAap.1017) P Phalp YOUNG,PW-dN, vitiation of IAar Amadmm. U,B.C.A. T. Caov A.ur 1. CITE OY Bllttt YAILEY,s MlwkW CoIpmdoi,1) NW" IM ZONING AND PLANNING 4-gi 4141®ti No.CY94AJ0SWJR(ARM. Effm wr cdy mdlrA=Pon"adiool,d wrd.or ad= "sensitive ==w• r Dty fins WWII Smw DhUki CDWI4 Pacci908 of Pears Pwa 4RhLadea IN rods C.O.cdmc if. dazKM bcyy to obam moms•�•mce emalvey tend=ow gpdw for lowfss m PcMwM-0 s sm. Aug.27,IW7. for mtdo dandm, aubbcd wA p> y of ahwtsdve bmdmf.b twh as w tgeedveb trek& ha wwwd, trines spoieatiom for parmk to apes Tmwal le ahnurllve mesin of winradlkelm in made dear mg bony wem denied brood as bihw of ybbdm of Fits) AMCOdUrL U.S.C.A. his sespactivc locations m campy with city ordionnoa CuaLAtrvrd. 1. Rled nmdm tar daclmatmy wd iej.+rtive telier. Mw MOM CowL Rea,L.hold dad:(1)as maun of firm 13]COK9MUrlONAL LAW Q=+fOAM bpmstkw,cfFM of dq adkwM 9mr 11 school, MM0.4(3) mmh or oDer•MEN"inetor•a[aw I=Oaft City wdwsoec.,btr{rbq wee in wbieh Dade daocue proces me of pay's pwadt tppdwaion for mode nwy nice, leaves op..ocssm'vy loss camber of deeds facimy us utMaln rodrs dcarans etlkttiveir stamudve locations in vlo' ' of First Asendsrx, Iwackh*ow applied for location as pemluilsk wra wbM. given regamme s*A ao Mink.iocation swy for rot& daomg, wv*mad wak rMly of cdd wlmis Iwo f3A of Mnhw adds linkm sold altetmdw kwtitint,Y nri sa m etfcotivcty preclude rartrr of tontine trtilch ow N dmukmawdy eekr rrasmbk WU=dw moms of mmaamkaden in is foot. UMCA.Com.Ammd. I. violatim Of FirM Amenam cat, end (2) mAiaoce kata am auwwMeby bw Dmber car filer adve [31 ZONING AND PLANNING am% bcaiotti Ill YW&dmorFitaArnadwmL 41476 City ordlnmce,rtanktirg Woo b whica suet 41oradmg Matlon glaoRd. may c&w6 kavea open meatamby law omku of ArsomYc lttwbuns in viols=of FUM Aessdoam, [t]CONS'1TflmaNAL LAw 6a4k7(1) where,given rcydttmcnt tit ran addt location may 03id2](1) aft wkkk IODD fat of car p&u allot kotiat, mil hdiAdw],whom.goieatim for permd b open rode UNWI r of b0hum wwcb CUUM dtmLmtrewy cxk datcate fw%&y wcm denied bawd on I&M of►is is four. U.S.CA.CmsLAwW. 1. MPWAiTC kesdtim to MrOT wiD dy mrdMM= a1A27 Rmgcr Ion Diamond,Sala Mode.CA. kw rolriefim ante is whirb wee dancin my cueL hod pladirt mad,g to chak a ardbnnca as Fmm Amondmem gru u&, wham dew mat drat as IcO&tiaa: Bert iL Dcwtr, Numba A. Kotm. Mccambddgc. cWresaien was both rat mud tubwardal. U.SC.A. Debrkr & Meraam, ins Angell. CA. dirt Cank-AKEW.1. Dduslar4. r31 C(YIS[T[ YTKIYAL IAW 4-9D.40) ORDER R$ PIAUMPF PkULlP YOUNG'S 93MD.4(3) WO1ION FOR JUDOMINT CRANYING wket of eby ardioQs pem:tt6v.Aed,church ev DECLARATORY edam -Moddve kaadow• .at my time duti.s AND 24MCTIVR RHLUF proeesaltg of pgny'a penak application for wee demons fwRRy b oat"mwQg dvarsaw emalvely REA,District hop. • bockns out qfw for lorad m a permisok arcs far Awk loons, cwob)md will, psacity of PsbtdU's mndw rot Judgment groin%&cLmmy abanadvc Imlim9•Is mcb a w efk cdvey pmdudc and'*xwdYc rdier was tiled an•1018 June 9.1997, tramMe Airmalve matt of tnstDWcadm In aW and argumdll was hard on Jury 21, 1997. MIR Copr.0 Nat IM No CWal w Ortg.U.S.OwL Waka p�fr. 1 tC pp 1A Ce ppp���.�r. pq._ - r� �p�1 pp p �f L\r BY: 12-16-W i 14:55 ;r]r.Jr, I]LJ & KRIE1'ER� l603417098;#17�L1 977 PAW.1017 24ge 2 � (Cite W:977 F.%Wp.if",a1014 haft considered de oral args®eu. +� reviewed law made u dw Gloat of evidence. b yPWDL%"0r dn:PW=ndrwMed me WWI of sod to r OMWOnW sppropdasr. AMLeus% dtt dtor4 at de class of d,e A a -, node.. O+t 5k is this Clue. and am e,idme6 lodmud der It wkhW b allow arc T7 u applivldt a,dogjj h h, Coat bereby GRANTS low"10 row" Me ISVM dad. dre Cane cow piedud s modon for ivds—t s�°v6 awlaraw" admtun Me ftd Luuw=41W de Idwa Madan and iojuncdve rellef rw jadbauu u a e.ncr Drat. WSCUSSWN B.phWa Has Stealing m Brile dam 6shrd tltdm. A.Peaaahaal ftia fa Oe formal Modpn. Ill pereddud wp"a"t pidodfr lea no guard W TBe 6W=case was died by a jury on b'13, A bring Me insOd modm.el pklUW made Char"W IS ad ID. 1997. At WG r2mc Of the pmaanladan of a1R,µcon the cuwed ay+rma)p W rro immda■r of ea a ulence an Map 70. lW7.Phlsllrt filed a modem reapplyiat to aDco a lode dancing faddy an Oa city under We 50 for ju%WA as I mac Of law. The of SIm Vdky. Even glrea dean [aclW.defcodad's Cam denial 0c aardoe OR May 21,1997,WffimtnB atgsuaaY Is our adl CML In CUL drc tuna g ease 04 it Wished fsr the question lu ao k do jury at dos petem predwly the type Of'CblNag e3a1' w10e0 teat. toads have made door soffioimt for parynses of bghwaa;a Fins Amendmd lawr9t Tht just' .fir iemoeed on May 21. 1997. and drhheraad dmigh part of May 23. W. At the Where a w�1au®t it 'eider peeramty or oonChUioe of us dariberafioo,,de jury i Acmd tb+r F-.F-dvdy sdrjxl a Me regrdsdons,prosedptiasa. It tw hed srswned o of don apwlal h90709"^ta. as 'R^7"l•:m Uua he [s) a'n wbL the bra and 11 wan moblo In aaawv aR Mrs pro Artedaeu m.don sdug a appr VHW. bird ieaYroOamrira. Aawnfin y.it htdlnted Met 0 well v. Ya®,401 U.S. 1. 11, 54 S.Ct.23111,2324,33 umble to reams I vpd tl lira no vaMet was LEd20 154 UWM (gnat W"- Sa oho randcmd and dt Own decleed a uiWW, PCs"Savef PMlkallam v. VUIUC or Reed Crca. 9015 E26 150, 154 (jar Cb.19M. Indeed. Mk Ir On )ate 9. 19W. pldasff Philip Young filed de daily a tat m wweb ame derereens Cfbrd on sued mourn,reeewleg Ids rogue.[Orr Jurty+e:r"u a kgadmw eapreotan is 'both real ad svbw * manor or kw. Ueda Ruk 50@)or red hederol Rules See Youo6 v.Aoedcm M®Tbcxo s.427 US-50, aF l.9vfi 1'roadmv, arch pod-ukl mwwal or ■ W, 95 S.C1. 2440. 2447. 49 LBL2d 310 (1976)i, .modo0 far jodmscmas a mua of low is Wpropr+r. dit Breno mo, v_ Vdy of JaeboevUle, 422 U.S. whpha ar to a verdk:t has ham restdbvctl MS. 216, 95 S_CL 2268, 2276, 43 LBL20 125 �,. Imo : (1973). Ncre, Mr. Yong suida twin; so 01019 R,for any ream,Me court don ant grant a Madan apply(or a Vjm t an open a rude dsaiEll TmGh in for judgment as a manor of law mede 21 ate druc of slml Taft. On bAll QX124021 Mr. Young was on ds macr e. dle eovn is Conwared to have ma hued upon hu upon 0C anure of bar rapo:live 10 "nind the anion m the Arty mbitcol to the Caurt's hrvdare to comply WIM Me. subject ardmafS. Ina deadieg the ken Witeb0aa dead by do N"bcmnse, Mr. Yang spenfunity sem3fied Mat, aeon. The oarreu my renew in ro pm for be µvan ha PMatdo cob fat le diaol avd time and j;dpsvl as a maser of I— by fifmg a rrenon m aonry htv;Nwl in Mane eaditr efCom,has cowed not bWr dm 10 thy. of= Cmy of iv48^'ara..-- ba mOrider reyglyin for■permit w lag a the traits[ loft on a renewed modm4 Me cone rw - ayrww naa4iea h elfcn lo g®i Valky.This punt (1)H a verdict Was rawrwd: a dude cast of m mkvwuw -I-is dew red£eons (A)allow m )xl&=t In Wind.• eaeretian tea Rest Ameadmicu righb in a "resl cod (11)Order a new 13W.Or rabaamlal' we)'. Hong. Mr- Yarn chant' has (C)dirt=yry afptdga mr as a nrtkr of law.Or Waaffing in dgencnm de hem ordinum. . (»if en ver6ti wa rumnaod: a (A)older a now Ural,Or C orre I Law. Ord'"avm isUaconstluaensl fie (B)dire.tasty ofjoisrooa as a maw of kw, afukredLaw. pcd.R.Civ.P.N(6). I.Stmdud for Evohuirg'Caagd Need*9onl g Hoc;.Ibe inWm Madam which am daffy sacs 10 RCSWsaom Rosuseting Non40lAscme Adak resew ptdallffs Madan fed•judpad as a rmna of Eamr0 mmC Csyr.0 WoL IM No(]ahu In Ode.U.S.GM Wallis SMT BY: 12-16-98 ; 14:55 ;BEST, BEST,& XRIBG RI 7603417098;#18/21 97f FSW.1017 Pap 3 (Cbe NE M F3U011.1017,ONO) .om,% b yr ,,,wema mpim awdl& m be a pr mlonm subject m pr mim wtmle me free The Caen rCF= wam plamrbt As m elm hoer. .peat'and pmu gPmamacm of de fml and fwwtmsrh Lme. .kbo gh ame,Is no Coadwo .d ..ewtmtm' smadmem.- IScv,be,v.amp Cant.793 F.2d oma a of .ikt m a marts of garner law. R r 1063, 1056(9m Chr_1956). Ste aro, e.g..Sdbd V. appmprvm, an a wee by saw bade, m d0meei- BotoaSk d ML rTbro m,4a U.S.61.63.101 S.CL Wbemer m ameawmbh low mr. of signs can in 2176,2190,6S I..Ed.2d 671(1964- a one era. In sin immum me Cain Ink tbm de sdjM ord"Oee, naves opeu an tlammbly, ml CI old F4&S de cm al bR c hm.Mich Etas, taswtdbUlooaadp low saeba err atla OMB m not hart tdplea daticlog altoVLer. bfa radar Wm=. Aldmoyb dh m ktdf wadd be a sifilu u Ma me area is Which Mom dmcirc eery ais4 base Mm WhU m cql&Stt orttivmee,ds Cmn bma bmeo mvly-nd as 'tine. Place 20 ®er' vin am a keu dt In Wee.at lass Wbhla fc _ m olmi.. Sn Reran v. phyfime Theltrec. Irm. Leman haoew oet mvobtiot ft pm*or alma tive 475 U.S.41.46. 106 S.CL M.925.29 L6d.2d 2) %od m brae avalable. At to the furors bm,elm (1926). Thin is pardaLb ' so Whom. ere hem. on Cams a fha d is is mmli*an kaoe of first mdmnee b juoied oe the hula or aRe&ad ieommssm a 10 Ntatb Circuit or %Vnme Cams 'OOCOOdWy rdcw•Of mpkn easing c%Mhb+hmasa. a&Why spedm rinsty m 610 consfimdon4w of a putt ais in'reaaat Crime:and pmmatiimuc,. I m.4 475 AIMa' * which a acme. alsadt, Or tAs U.S.at 49.106 S.CL a 929; Kat,793 FAd 211059. 'sewti.e imftme em as 5mtn 9mook ame a hradm tuhsagmaat m a Pcnnk appseedea by '7t." pbW ad mama, Emblion Para abranbtp its own 2unbC ck—. Nommoduym,6m comfi.i a ffRa"v(3)they w designed m.are Coen tub ma the ether Of des pwci.a a boa a sbtasima goaafane+d i-va and(1)mty allow when me psclee h co bbud with a P Whj Of for -,moo le a%amti e w i of lentiatw n is the cam here.is mb is w e1heWW aomnm&mierL' Remo,475 U.S.at 50. 106 S.Ct. pndde 'rcWWA lm abermuve mta Or at 9311; Key,793 Fad at 105S. 9a.mtaal6m•. 2. RCnonabic Abetmdve Avmtea of a.A1.Tiy Of CaMkft Utam m 740d Oa'a CMMMAW1M lnratbl a Avy Stage OF elm F amil Proem. i0 mC imotl mo"931xia don oof ChalkmCC dte -,ge,tnrdlal pnMMMW IUZFCW w*dlblt A0 12l Ddbn&m hbo not diopm dnt,tntder elm ermrmd ardiuore. Ramv, plabdR's tdalla&e esWOM rYsmi, a PM sedit fo "m a tuft daeirc speata to the'ass of'reimavEle Illuniave avmms lick" am appy W a apcdd 1ue pamil, Sod that of mm muslohm' See infra. ChM Rvion. 475 ombafy a apcCW Lm Pemk=Cnadlp impute a U.S. at 50, 106 S.CL at 930. Spmdtm0y, PW3M belay at me prescribed drrmm m*dteman lrml arrears for two lxiams demon reader to s"Um a mie'nmiive un..and rtm sera adlk Lmfi r ima5d cos faille to ponce termnob abort ive am oaFVW wWL Dakndaoe farther dm me msaas of speak. rug, P, mderL tba a dryer M a 'sessidve sere', uah u a rd Born •aaaitive W.mssendaay has dre power,ad my time orWll"tim us dmaetidy apply rm and Asebt in doing der:bm&my Itemr pvo:m, m Obaia m Ovw ever The m>as»r pmsmit..bet M der No dq of the the a.AW Mee dtuaac4 wkwn a disomae Pew Veneerer,ad elm web a ima 2w vpplkoom Mitt,dvdy duet to th poPOxd ado taoilky,amm wmm eomvw'lmmb out•the pmad'q admA taaas ma(tdiady •tmaem M.me appfbd roe keadoh as laoiwo m it me Um appdeatan woad be Elate a Pamtsdic son roe m adre amuby. This.argaea wlmla a prd k iveb' char taa&e m she mrsim Fhlatiff,proves 'saartive uses.' Bleb as eb udms sage. had yatdvwttersd bmimcmves, wiA a de facto,.m aver pmpomd twit chant halumm. so-TA Ahbmwh isfsamlo't don not dispute reel wee, p1m1da mu Act mo anbw OF lacaebas Wbicb defedmt dm mgm that theme b we swat un Patat value be pamsa'bb UZlbm the msdk = IS amlply wbwh pmhUs well a prooem. Amw4 t deraalant leer stmll to mm" m a - m b)e member of appm m be CWW in wft Ant the liana abef odn Sher,cm numn that ale d die aiaa 9 is Oa of rah iopraabu.the Caen dam ma wme in he -bmcked mV a me Ian minim by a agree tutu Simi Vamcy's prom" 0aa is nmeuady mosidnt M. ews&aimuL To fho CuWWy, the=bo fty Which Caps.O WCU 199E No Clum to Oct$.U.S.OM Wukv StTPf. BY: 12-16-98 : 14:55 BEST, BEST,& KRIM 7609417098:#19/21 • paee� gn ip-gW. 1M7 (Qktan!7i F,bv.1017.0100 does caul as n me 8eoeetl 7oanan of'ttxaw.ble Alsrma will ngud m CW Ow dmradw avema for wonaosrio•' kola m Soae...+—. yi,�m oIDer aeeneldW taw'so adLM ataff conclodo dw a "coma orb-stay th•d pan- oa =ac. >e thu my, ehtrrhes. arioob WAa" dk=.,dy "ry he few arm of aside as a...iti.eser,u .o,W tctmin fiat n opm but via" 'rWhnshte rlRmdve aveaso;at Mel wllefe dlcR YC an '1411111 pploaskim.a"woo be�� 69 nA Of is soeh a pw.cfb d ahmw vas 'I"n Wan In the OBW �.itWs elme�° d ea sdah Diaver. Tw imafa case, man it f r"Winaw dafhaat. If asd apcobg mes be foe be suaal'"use im mlbb.Ibr an am mz miflfaa m e *Css rho oe f W M dwbay ffi PCM&Proem VA dw h u0ro0s1101io nl, dlamdf to akktither Ras d�hne is P is ripely vha the,,i.c.m,�orne WC troll do a�the pcmit vrae Tk Cara of our rtltaln$eta m the[analog ablfh f o gpfcwM. of fbtk Wmft lb=W ma m lose been uhfbuted 0 am le m. "reamsoble am tla•Jo.'. WWIG lour obtkdmly woM be kao attamtiva VOW= of comeaaticatiaa•" 111 Topmlp P to me draftm Of B8 ottl'asutucc dim de ]hm hc. I. Cib d lira Andes, 989 F.2d ISK law resntcnva mum aaaadly OVIDY4"Vacht t529 (96 Cir.1993). the Noah Cucuit bewod the also be far k4r Gk*10 son#fail of de eomdlabm, 1o9•irY m 6ollsws: 'l7fe 4ri fa ddermininl whether m it woum rmik wadw find ekcmraive avwucs of . the A" Bwi.esfta' Fins Ammmoml 4m to mom, wmm sore dwaasrad is wbelhu a local ea^ WHO 'eftecdvety dam ... Was Adak Bamlaail • IMt.vta can spb some+tau Y b by ou arum tnsoorbkf appotbmb w open and oL.CWQ CRY dk.vt.b s po.W.9 dm ae eam pk be.cifad W2pcf8c wiQjki 0e dty to pwtlm * Id,d0gg CRY M wwmd by Sol Ya0m.BUM.as Cans nabs of Rclamy 475 US a K.106 SCt.a 932. to, iabd VOW V* to ilk-blob tbs a';--Of i In this was. ao have a liau+q oflaotiom. m a.6,6 d Ampu halo Sur Ya1Myf adwna. ek,wratd aeon below, combined with a "mm in ahmc d.c cldatacc of r 'W" prosily of whereby a'samba we em effectively voro mY case altcwaliva avar.m of mmm+mnsim t..&..a wily at deoc loaftine, a wmm an tppli.alko for sdmt a P' 'hick d l uvell'cmblca vasiaw oavo to uWW1 is or-k can if Ikt pamlt parsem him hen pnvm m aduh sated fnof mcam6ft a•mpictiae Is early cmyldd. trot pnf Wsea of the immut vfdim, its permY groom far am of of avallatle tWAtlon16 we need deelde a* dm twit it 301cm of de foam umeWww mswm p01emad man of veto Power on the pall of durvitel-fm b.Geer.ova Merton fair about wivbb a n .artdhb ilia pnllanal nm ataadmem aedvlty Is stsMWA*pml dubs. flocs.li,onli arce as it Camidly erica sad • aftm the be" eimmusalem are sorb Oat as it is aetcady applied, mom afoul of M Fint ahenative kcatiom an a bw"at tlu_Y ate m tMs Aasendmmc(m] saw. no two hatom fblasbme to male it am=* likely dw an Adak tuage applicam slink as Mr. RQ•Dcfcodat Upaa"Y amfw be'•Y•4sr s Yom. will haw m wmeotdiarnb' diffmh tine rda at s CAM "Puamon tof ®bin wovd fain a utishcmay dten.tivo loalim and peas a seas rcpmy loam to dfc appikao. .aaPj,,anp sla 4ctrml apptk A"prffova wide.eped Ti. Can'. lddiw a .a Ems of to Me 0 got tocalton. p rpam4 wars P'Wty this Or m hdNsdad app I=. now.d.Cewt'a howhi Is dwtdy de flyer o.e.au efir.d ffi.ei Valley's __i odt as fia9erntea,the fdhtn cc Sind Ya11ev toam—* n make Y ow..mm* ddYauk, sld him ails is same, sm Rcrmn. 475 U.S. U 54 106 fa..d"adiwdb dtfaa,1a oo k"has n qun S.CL A 931 (SAMPattp dWA m wbitb "aue at s ads darlep fWay. Tkb is not bf aq doe- scat.ra msmady tubmO.is cvidua is ass fact do mm"mismel swat mm0 Dwom eGbl whereby an cocr ahernalivm camel wen have beta aHind which InW mw could bm dicer der.nd RWkd fur Wald have avowed floe wmdadord iutlwmq Iuudwf dv* Oa paint poow. exb*W e. Awnafgf it is m was t n w m pftl0dbd Pon fed.w tiry teal Ub ads d e.�nw los m pmmOy how Simi W" should to about shmin sum s to sneer n an unmmnatly their 01(finmrscc so as to can"with Oc Constitution. l"y ,rPP1INU-Pa•CES we ome mady for dkaoaYve ptOP= that semi l Ywry call, for e1emb. Nava aatsb9eW m b.Bacuasc A do Mace 71uo 1Wen Poftr Oda= wh m. fmm Oe dw of adds beret lPUMAI,xabm Which Cadd Amac a. voaw dbcwi* wtw OK csiadug Operate mmdw=mb• cqw.©Well 19%No calm 10 O119.U.S.Gan Wmkt I SENT BY: 12-16-98 c 14:56 :BEST, BEST,& KRIEGERt 76034170987#20/21 9'n F.s q¢1017 1•a"a 5 (Celle st M P.9w1!•1017,a1021] t3i the Cant also down.a alluded to drove.1112111111 bckl that fee ofr>�e im W-fiw vas entail udutawe is Meaffi Ndmd on the trcanttlaloaat Cadhw 00 a samaabk:mom of iodupndud m.0",a Willow dr etfcef-veto ahers8ve tits M am eakY Itm of Wh *a Is K hew QTJMY dam id"towel,dm aada>rc skoply don' tor,Cnm atasWliae CtOI xod tot ptawl& for a sts imt oaba of rmaambla silent of Mere.nibble Akr=b e m rafiwb maid dlemmm btatdma. K we%W4 MillspQd a trial anwrrmutY am, id., 'de paucity of aftne r =teem imtr ratadmr tf shut wMchoddd wriw to ako la gla . M a 110P. 7lfe N'otib C•vci[ sloe tmm, giama elm 1000 Pool robe agahsa•CS%% is of rum ly ored orl, -pp had, m &A Cry w9m. IhiCF flefmbt did paid ont, b m-wr, OW Wal tbxe ate adwgmm dmfmtivsa available ft derml6idl'i expert. ddIDD� CODCCdRIL' W Ifial llad apmaniea of 0na amwmW mWm a moelteq of Pitat rota Wee txt� 0*em«WAM MM wiltia Allcadrafd P�dotf and woakl trafda tre dty inwMcr laatkfm arm slmlhamMcb exist raaYom the SmptrahC C.atat's atNudlin mad an vier, info," Ire Ili root bbf u atom, aim wdb=Mg tp'dkc dnb OerlY1...71'f1SDab1C tvhW Apt am migb coomvahly be Ac to Wet& aWMW j M opt Old OPM >m 2188 theater Oka dislum bdw w taut locations m a to lamr to trim the *. ' I&' tidng Rmtm 475 U.S. d a MW f four bcatius. We wttl rase,tom,for 535d.IOb&I%at%1-32.[M] Pop.of tlm instant,motiam. Met elm trod oumbsr d Wc Wbid,.alai imfhaeeowly n for. We 1,r1. b nu ewan..nary 1Wkaar s" aloof [relit tom, d wvae. do dm tool numbs* of p nbd. tkksdn toads ot difalnut Wot- lffa boa. trbb= ammudwA rr tlm cowaties oa dal bhda 1M cb w liapoba Pslmfd oonumed a rdttaa fdidh would 1Pdy ale u®sd mat rr adtds bwioa esht Within IOOD tCSmmftati, to ailft0 Qaatd. (lea R*Y to feu or"am adult location.Is of Marc ovomT- Sammy 1sdPet Maims at 11). Whir it is bw ita walnut 1lapnaw tdowly Win" V ow Inched, while, W'#'w dekodraY cwxknm a adb.oc•s ftbatadvs CIVICS In MbMWY tYrisg tie, mu toW ourber of peasMe ldahtms, to ft. ardiaote 110naflna6al, Wdwa ?"Pohl, far the b Abr slow botwam adult 161 P2d at 1110,tlm mad tad ON Wo upon dw r p y yy-dye. pppaaido■ r a. me tin oeasamtw•s rmaoaiv4 I.d-nowne"am nana male w>+�if M twtm=4 3l.WkWy,ttc Cot ad jck,vm lw ea a kgmq b fry-a Ito is de " Ily +M elm edOR'a ml[Ullam Nbr in MMUT d a"wea wm*Caad eaafmdnbly Cadr whol MMUW d 10 r •amroa lab at the vamo time. Seo 3570 East Fouedll Wvd.,Ine. . d allrraMft AM' ILMM me toad's T. City or PasatiM, 912 P.Bapp. M7, 1264 mslumtn wrr ttpwd n 6w Minim Ce or (C.P.Cd.f995). The MO CIMk N WdMt lk=nwu eel ww .." or saw Can mind Pt p x11u. lilt. V. Chy Of WhRder. Rfil PId I111L sitrkesmfdy alp fade ft odamtc was in M t a W (gth Cir.1988), atu1YAM a soda bfdlarce, made mad W. tra � � �� den that dm wwwy iMMry indwxmt*g whtshet nwuld lutc a rnroadtac otrut a•lama oMe•a,do of almratln an estatcd ww I%otwm as=in the(rota[Case arc mfm b* Jim tmml rrber of aims whiwr om.M must aiadat 311e Mt dw OCR nw be fop On;wbielt sindatme nub. Two.do c sot ataluk Cln all alMBW=WIlY m ft 1ith111R Cale 10 dppbard I.bda dun slaw■ of elm mach eta in Westias. as m dam is Nrobtial. 'dvm me Nho afMA's wl, atiw. d s'W Ma7ade shear is slat b wag that &= rips in M CW of Whibir' memkgom. •rnta ism r in cam; Which a grata wnowded to a 'alatim. crosdalad vialarmR Ammm of atatcaew would facom"dty dkw a gtwta Muth.elf at" far a8dl tw■Nmea. hnead. this Heron,nubile it is tom dsr dim is tut'adtadanimmd ordttame bapaaa a 7,00o-foot aeptttdrf •dam mitf®ai a a'a ll=or acmml law. it la dm tie mat is Comextmg do cams by am analysis whieb the rrNi...0 Instances, aq lam ahft bmlax+a. �t ptaedlfn dm elar real ilk da tlaac)q pafeaog much buwmea m r fod cllwterwc . m lia1mab r caC.is lig iwflt s fps,b hat WwAs a given am 1Lw lea of um—Z . d ftau ➢t " pia nL Could athh Wtm WIM he ordhorm, therefom- antom 1kpm1N Mt so"richton elm tort--,at of atsapf sl®Rmocnaly openm in the city of Stal Valley. L available oiler elm tmnhtg achfine,ba out base trot amply not sword to a tdaaandde tattflf of tentage is dlapaaal damfglwd elm City. >• c *.i.- suntan d maaa+:� Oa tti uis ti.at 1lDe. atone, n,dim eaiadng tr&aanx violas me Piss Aat=WxW t la Wahaa • the Nioh Circuit UWWWCJY Copy.0 Wen 1998 No 06311111 Orig.U.B.Omvl.Worb SENT BY: 12-16-08 ; 14:56 BEST, BEST,& KRIEGER� 7603417098;#21/21 077 P.Sopp.toll PA Oe 6 In P$tpp.1017,M6M Pm no fmcp tt(; mmm me Came hereby bat mid aatdm aehtm vidatw the Foaa Amta a—m IMAMS pWndfr'a nmrmn far ded+mtmY d lo me Udhed Stases CommIsmim body on In rbec d i,y,,, ,did. gpneifiWlp, it is hereby ordered u aww by me City of Sind vdicy. r mwwra mm de Rafts City or Simi Why is pemmtcmly linen. wpiwd Gam odfrrft to COMM =ft wheme Wit fop= W Iho awnoe d h9b ems TP IS$O OtaDOM. rcgdtamm wmed7 in drm In amtlt muter,u MSMLied bMJIL Puft mm.b D buft dcciamd RND OF DOCUMEMT CDPr.0 war I"I No Ctdm 0 Oal&U-3.OovL.Wmb " 12 F.Supp.2d 1050 Page 1 (Cite as: 12 F.Supp.2d 1050) Seung Chun LIM, Fluffy,Inc.,5436 Santa Monica Boulevard, Inc., Plaintiffs, 131 CONSTITUTIONAL LAW C°r 90.4(1) V. 9200.4(1) CITY OF LONG BEACH, Defendant. Adult business has a reasonable opportunity to open and relocate, as required for local zoning regulation No.CV 96-2742 RAP (RMBx). concerning adult businesses to survive First Amendment free speech challenge, if(1)the available United States District Court, sites are part of an actual business real estate market, C.D. California. and (2) after excluding those sites that may not properly be considered to be part of the relevant May 15, 1998. market, there are an adequate number of potential relocation sites for already existing businesses. Owners and operators of adult book and video stores U.S.C.A. Const.Amend. 1. and mini-theater brought action against city challenging constitutionality of ordinance regulating [4] CONSTITUTIONAL LAW 4,1=90.4(3) location of adult entertainment establishments. The 92k90.4(3) District Court, Paez, I., held that: (1) ordinance did Alternative site for adult entertainment business is not violate First Amendment right to free speech, and potentially available", for purposes of determining (2) ordinance did not violate equal protection. whether business has reasonable opportunity to open and relocate so as to permit local zoning regulation So ordered. concerning adult businesses to withstand First Amendment free speech challenge, if (1) it is not [11 CONSTITUTIONAL LAW C9=90.4(1) unreasonable to believe that it would ever become 9200.4(1) available to any commercial enterprise, (2) it suits Zoning laws targeting secondary effects of adult some generic commercial enterprise, although not businesses, rather than content of speech involved, are every particular enterprise, or (3) it is commercially considered content-neutral "time, place, and manner zoned. U.S.C.A. Const.Amend. I. restrictions", and are constitutionally permissible so See publication Words and Phrases for other judicial long as they are designed to serve substantial constructions and definitions. governmental interest and do not unreasonably limit alternative avenues of communication. U.S.C.A. [51 CONSTITUTIONAL LAW (8=90.4(3) Const.Amend. 1. 92k90.4(3) See publication Words and Phrases for other judicial If alternative site for adult entertainment business is constructions and definitions. located in industrial or manufacturing zone, it must be reasonably accessible to general public and have t2] CONSTITUTIONAL LAW 12:=90.4(1) proper infrastructure including sidewalks, roads, and 92k90 4(l) lighting, for site to be "potentially available", for Cities may regulate adult businesses without violating purposes of determining whether adult business has First Amendment free speech rights by dispersing reasonable opportunity to open and relocate so as to them over extended geographical area; however, local permit local zoning regulation contenting adult government infringes an adult business' free speech businesses to withstand First Amendment free speech rights if it effectively denies business a reasonable challenge. U.S.C.A. Const.Amend. 1. opportunity to open and operate adult theater within See publication Words and Phrases for other judicial city. U.S.C.A. Const.Amend. 1. constructions and definitions. [21 CONSTITUTIONAL LAW (S:=90.4(4) [61 CONSTITUTIONAL LAW e9=90.4(1) 92k90.4(4) 92k90.4(1) Cities may regulate adult businesses without violating Even properties with restrictive lease banning adult First Amendment free speech rights by dispersing businesses are "potentially available", for purposes of them over extended geographical area; however, local determining whether adult business has reasonable government infringes an adult business' free speech opportunity to open and relocate so as to permit local rights if it effectively denies business a reasonable zoning regulation concerning adult businesses to opportunity to open and operate adult theater within withstand First Amendment free speech challenge. city. U.S.C.A. Const.Amend. 1. U.S.C.A. Const.Amend. 1. Copr. 0 West 1998 No Claim to Orig. U.S. Govt. Works 12 F.Supp.2d 1050 Page 2 (Cite as: 12 F.Supp.2d 1050) See publication Words and Phrases for other judicial constructions and definitions. constructions and definitions. [91 ZONING AND PLANNING (8=76 [71 CONSTITUTIONAL LAW(8�48(4.1) 41406 92k48(4.1) Industrial site used as recycling center and public Adult businesses had burden of proving that city dump, industrial site which was vacant lot previously ordinance regulating location of adult entertainment used for mineral extraction, and industrial site establishments denied them reasonable opportunity to occupied by auto wrecking center and junk yard were open and operate businesses, and thus violated First not "potentially available" for use as adult business, Amendment free speech rights, by failing to provide for purposes of determining whether adult businesses reasonable alternative avenues of communication; to had reasonable opportunity to open and relocate so as meet burden, businesses had to show that areas left to permit city ordinance regulating location of adult open to them were inadequate to satisfy demand for entertainment establishments to withstand First adult business locations. U.S.C.A. Const.Amend. 1. Amendment free speech challenge. U.S.C.A. Const.Amend. 1. [71 CONSTITUTIONAL LAW<8zP90.4(1) See publication Words and Phrases for other judicial 92k90.4(1) constructions and definitions. Adult businesses had burden of proving that city ordinance regulating location of adult entertainment [101 CONSTITUTIONAL LAW @=90.4(3) establishments denied them reasonable opportunity to 92k90.4(3) open and operate businesses, and thus violated First Fact that some of the 109 alternative sites for adult Amendment free speech rights, by failing to provide businesses were occupied and unavailable or reasonable alternative avenues of communication; to economically unfeasible was immaterial, for purposes meet burden, businesses had to show that areas left of determining whether businesses had reasonable open to them were inadequate to satisfy demand for opportunity to open and relocate so as to permit city adult business locations. U.S.C.A. Const.Amend. 1. ordinance regulating location of adult entertainment establishments to withstand First Amendment free [81 CONSTITUTIONAL LAW <"=90.4(1) speech challenge; city was not required to guarantee 92k90.4(1) businesses sites at economical rates. U.S.C.A. Alternative site in industrial zone is part of relevant Const.Amend. 1. real estate market, for purposes of determining whether adult business has reasonable opportunity to [101 ZONING AND PLANNING �&=76 } open and relocate so as to permit local zoning 414k76 regulation concerning adult businesses to withstand Fact that some of the 109 alternative sites for adult First Amendment free speech challenge, if three businesses were occupied and unavailable or criteria are met:.(1) site is reasonably accessible to economically unfeasible was immaterial, for purposes public, (2) site contains proper infrastructure, and (3) of determining whether businesses had reasonable site suits some generic commercial enterprise, but not opportunity to open and relocate so as to permit city any specific one. U.S.C.A. Const.Amend. 1. ordinance regulating location of adult entertainment establishments to withstand First Amendment free [9] CONSTITUTIONAL LAW C190.4(3) speech challenge; city was not required to guarantee 92k90.4(3) businesses sites at. economical rates. U.S.C.A. Industrial site used as recycling center and public Const.Amend. 1. dump, industrial site which was vacant lot previously used for mineral extraction, and industrial site fill CONSTITUTIONAL LAW Nt+90.4(3) occupied by auto wrecking center and junk yard were 92k90.4(3) not "potentially available" for use as adult business, City ordinance regulating location of adult for purposes of determining whether adult businesses entertainment establishments did not unreasonably had reasonable opportunity to open and relocate so as limit adult businesses' alternative avenues of to permit city ordinance regulating location of adult expression, and thus, ordinance did not violate First entertainment establishments to withstand First Amendment right to free speech; there were 109 Amendment free speech challenge. U.S.C.A. commercial and industrial locations potentially Coust.Amend. 1. available for use as adult businesses,27 adult business See publication Words and Phrases for other judicial establishments could co-exist under ordinance, and at Copr.®West 1998 No Claim to Orig. U.S. Govt. Works 12 F.Supp.2d 1050 Page 3 (Cite as: 12 F.Supp.2d 1050) most, five adult businesses were required to relocate. U.S.C.A. Const.Amend. 1. (161 CONSTITUTIONAL LAW(8=228.2 92k228.2 [I I] ZONING AND PLANNING C8=76 Where a fundamental right is not implicated, a 41406 classification created by a zoning law is subject to City ordinance regulating location of adult minimal scrutiny under equal protection clause. entertainment establishments did not unreasonably U.S.C.A. Const.Amend. 14. limit adult businesses' alternative avenues of expression, and thus, ordinance did not violate First [171 CONSTITUTIONAL LAW (8=228.2' Amendment right to free speech; there were 109 921228.2 commercial and industrial locations potentially City ordinance regulating . location of adult available for use as adult businesses, 27 adult business entertainment establishments did .not violate equal establishments could co-exist under ordinance, and at protection, despite claim that city's practice of forcing most, five adult businesses were required to relocate. existing adult businesses to relocate while,allowing U.S.C.A. Const.Amend. 1. nonconforming non-adult businesses to remain indefinitely singled out adult businesses for [121 ZONING AND PLANNING(&�76 unfavorable treatment; classification was rationally 41406 related to important state interest in curbing secondary Amortization period contained in local zoning effects of adult businesses. U.S.C.A. Const.Amend. regulation limiting location of adult businesses must 14. be reasonably measured by the burden on existing businesses. 1171 ZONING AND PLANNING (2=76 41406 [13] ZONING AND PLANNING ( =76 City ordinance regulating location of adult 41406 entertainment establishments did not violate equal Amortization period of 18 months contained in city protection, despite claim that city's practice of forcing ordinance regulating location of adult entertainment existing adult businesses to relocate while allowing establishments was reasonable, in absence of showing nonconforming neon-adult businesses to: remain as to terms of adult businesses' lease obligations or indefinitely singled out adult businesses for particular circumstances making it unduly burdensome unfavorable treatment; classification was rationally for businesses to relocate within 18 months. related to important state interest in curbing secondary effects of adult businesses. U.S.C.A. Const.Amend. [14]CONSTITUTIONAL LAW<8=211(1) 14. 92k2ll(1) *1052 Roger ]on Diamond,'Roger ]. Diamond Law Equal protection clause protects against arbitrary Offices, Santa Monica, CA,for plaintiffs. classifications of laws and regulations and requires that similarly situated persons be treated equally. John Rains Calhoun, Daniel S. Murphy, Lang Beach U.S.C.A. Const.Amend. 14. City Attorney, Lang Beach, CA, for defendant. [14]CONSTITUTIONAL LAW (8=213.1(1) FINDINGS OF FACT AND CONCLUSIONS OF 92k213.1(1) LAW AND ORDER DISSOLVING PRELIMINARY Equal protection clause protects against arbitrary INJUNCTION AND DIRECTING ENTRY OF classifications of laws and regulations and requires JUDGMENT that similarly situated persons be treated equally. U.S.C.A. Const.Amend. 14. PAEZ, District Judge. [151 CONSTITUTIONAL LAW (=228.2 1. 92k228.2 Introduction Rational relationship test applied, to determine whether city ordinance regulating location of adult Plaintiffs own and operate three adult book and video entertainment establishments violated equal protection, stores and a mini- theater in the City of Long Beach as ordinance targeted secondary effects of adult (the "City")On October 18, 1994, the City enacted an businesses and not the content of protected speech. Ordinance regulating the location :of adult U.S.C.A. Const.Amends. 1, 14. entertainment*1053 establishments (tbd "1994 Copr.0 West 1998 No Claim to Orig. U.S. Govt. Works 12 F.Supp.2d 1050 Page 4 (Cite as: 12 F.Supp.2d 1050, *1053) Ordinance") Plaintiffs assert First Amendment and the Planning Commission recommended to the Long Equal Protection challenges to the application of the Beach City Council that it adopt an adult 1994 Ordinance to their businesses. Plaintiffs allege entertainment zoning ordinance restricting the location that the 1994 Ordinance as applied to,them violates of such businesses. The City Council enacted such an the First Amendment because it impermissibly limits otdiriance in 1977 ("the 1977 Ordinance"). The 1977 the number of alternative channels of communication Ordinance was codified in §§ 21.15,110 and for exercise of their free speech rights. Plaintiffs aldo 21.45.110 of the Long Beach Municipal Code contend that the Ordinance denies them the equal ("LBMC"). protection of the law because it forces nonconforming .t ': . adult business to relocate or cease operating their 4. "Section 21.15.110 defined] adult entertainment businesses, while other nonconforming but,non-adult uses to include bookstores, hotels, theaters, night businesses are permitted to remain indefinitely. clubs, massage parlors, sexual encounter centers and model studios which exhibite[d] specified anatomical Having carefully considered all the evidence admitted areas or specified sexual activities. LBMC § 21 at trial and the parties' t post-trial briefs, proposed .45,110 provide[d] that such adult entertainment uses findings of fact and conclusions of law, and post-trial may not be located within (1) 500 feet of any area oral arguments, the Court now makes the following zoned for residential use; (2) 1,000 feet of any other findings of fact and conclusions of law and orders adult entertainment business; and (3) 1,000 feet of any entry of judgment for the City. public or private school, park, playground, public building, church, any noncommercial establishment In making its findings, the Court first sets forth the operated by a bonafide religious organization, or any history of the 1994 Ordinance, factual details establishment likely to be used my minors." Exhibit 1.45,110 also provided standards regarding each of the plaintiffs and a brief review of 208 at 1. LBMC § 2 p prior litigation among the parties. Thereafter, the for a variance procedure whereby property and Court sets forth its findings with respect to each of the business owners could seek relief from the locational potentially available alternative sites for use as an requirements. adult business. Ultimately, the Court concludes that the 1994 Ordinance as applied to plaintiffs provides a 5. The 1977 Ordinance only applied to new adult sufficient number of alternative locations for entertainment 'uses; it left the then-existing adult expression to satisfy the First Amendment. The Court entertainment businesses unaffected. further concludes that the 1994 Ordinance does not deny plaintiffs the equal protection of the law. 6, in applying the locational requirements of LBMC§ Accordingly,judgment shall be entered in favor of the 21.45.110, the City does not consider the existing City dismissing this action on the merits and vacating uses of property located in adjoining cities. the stipulated preliminary injunction entered by the Court. 7. The locational restrictions of LBMC § 21.45.110 as applied to city parks are limited to the "city parks" p. identified by the City of Long Beach's Parks and Findings of Fact Recreation Department. See Exhibit 224. The traffic A. The 1977 Ordinance circle, marinas, and golf courses are not city parks. 1. On September 15, 1977 and October 6, 1977, the *1054 B. The 1988 Ordinance Planning Commission of the City of Long Beach held several hearings regarding the adoption of an "adult 8. In 1988, the City's Planning Department entertainment" ordinance that would restrict the undertook a study and evaluation of the 1977 location of new adult entertainment businesses. Ordinance to determine whether the locational restrictions on adult entertainment businesses had the 2. As part of its deliberations, the Planning effect of eliminating such businesses from the buffer Commission considered a 1977 study by the City of areas established by the 1977 Ordinance. The Los Angeles regarding the deleterious effects of the Planning Department found that the existing ordinance concentration in particular areas of adult entertainment had no effect upon the location of adult entertainment establishments. businesses. After holding public hearings, the Planning Commission ultimately recommended to the 3. Following its review of the proposed ordinance, City Council that it amend the 1977 adult Copr.0 West 1998 No Claim to Orig. U.S. Govt. Works 12 F.Supp.2d 1050 Page 5 (Cite as: 12 F.Supp.2d 1050, •1054) entertainment ordinance to require all existing theater" having the capacity for less than fifty nonconforming adult establishments to comply with persons, and which is used for presenting, on a the locational requirements or cease conducting regular and substantial basis, material distinguished or business. Subsequently, the City Council adopted characterized by an emphasis on matter depicting or Ordinance C-6533. codified at LBMC § 21.27.150 relating to specified sexual activities or specified (the "1988 Ordinance"), which required all existing anatomical areas for observation by patrons in the nonconforming adult entertainment businesses to facility; and (3) "adult motion picture arcade" where comply with the locational requirements within two the public is permitted or invited and where coin or years. The 1988 Ordinance further provided that if slug-operated or electronically or mechanically certain conditions were met, the owners of such controlled still or motion picture machines, projectors businesses could obtain a three year extension of the or other image-producing devices are maintained to amortization period ending on August 1, 1993. show images on a regular and substantial basis, where the images so displayed are distinguished or C. The 1994 Ordinance characterized by an emphasis on depicting or describing specific sexual activities or specified 9. On August 18, 1994 and September 1, 1994, the anatomical areas. Planning Commission held hearings on several proposed amendments to the adult entertainment 13. Under LBMC § 21.45.110(A)(1), as amended in ordinance. The purpose of these amendments was to 1994, an adult entertainment business may not be reduce the size of several of the buffer zones, thereby located (1) within 300 feet of a residential zoning making the locational requirements for adult district or residential planned development district businesses less restrictive. within the City (specifically excluding mixed-use zones); (2) within one thousand feet of any public or 10. On September 20, 1994 and October 11, 1994, private school (kindergarten through twelfth grade) the Planning Commission filed several reports with located within the City; (3) within 600 feet of any the City Council recommending modifications in the City park; (4) within 500 feet of a church; (5) within buffer zones and allowing a three year amortization 1000 feet of any other adult entertainment business. period for nonconforming businesses to comply with Exhibit 213 at 8. the amended Ordinance. 14. LBMC § 21.45.110(A)(1)(f) further provides that 11, On October 18, 1994, the City Council adopted an adult entertainment business *1055 may not be Ordinance C-7274 (the "1994 Ordinance"). See located in the following areas: Exhibit 213. The 1994 Ordinance modified the adult Fronting upon that portion of Pacific Coast Highway entertainment buffer zones, required compliance with between Hayes and Termino Avenue• that portion of the City's parking requirements, and established an Anaheim Street between the Long Beach Freeway eighteen month amortization period (through May 18, and Termin o Avenue, that portion of Santa Fe 1996) for existing nonconforming businesses to Avenue between Anaheim Street and Pacific Coast and that portion of Artesia Boulevard comply with the less restrictive locational Highway Po requirements. LBMC § 21.27.150. in adopting the between Paramount Boulevard and Downey Avenue, 1994 Ordinance, the City Council relied upon studies and that portion of Broadway between Atlantic from other cities including Garden Grove, California; Avenue and Euclid Avenue. Such areas have been Y g Beach Police Department to Minnesota; determined b the Lon Minneapolis, Minnesota; St. Paul, Indianapolis, Indiana; and Phoenix, Arizona. experience a high rate of arrests for prostitution, lewd behavior and disorderly conduct. Such 12. LBMC § 21.15.110, as amended in 1994, defines determination shall be reviewed in three (3) year adult business entertainment to include: (1) "adult intervals, commencing upon October 1, 1997. bookstores" having twenty percent or more of their stock in trade in books, magazines and other 15. LBMC § 21.45.110, as amended in 1994, also periodicals, video tapes or other similar materials on provides that "adult entertainment businesses shall display or available for sale or viewing on the comply with the parking requirements set forth in premises which are distinguished or characterized by Chapter 21.41 (off-street parking and loading their emphasis on matter depicting, describing or requirements). The number of parking spaces relating to specified sexual activities or specified provided shall be the equivalent to that required for anatomical areas; (2) "adult mini-motion picture new construction, regardless of the status of the legal Copr. U West 1998 No Claim to Orig. U.S. Govt. Works 12 F.Supp.2d 1050 Page 6 (Cite as: 12 F.Supp.2d 1050, *1055) nonconforming parking rights of the previous use." twelve years. The present location consists of Exhibit 213 a[9. approximately 1,200 square feet. The bookstore sells adult books, video tapes and novelty items. Several 16. LBMC § 21.52.201(A), which governs adult video arcade machines are located in the store. conditional use permits for alcoholic beverage sales uses, provides that "[t]he operator of this use shall 23. Although Mr. Blake consulted with a real estate provide parking for the use equivalent to the parking agent regarding the availability of other locations for required for new construction regardless of the status the bookstore and hired experts in connection with of the previous use as to legal nonconforming rights." this litigation, he has not made any attempt to relocate Exhibit 218 at Z-303. the bookstore. Mr. Blake testified that he has not attempted to relocate because the City of Long Beach 17. LBMC § 21.45.300, which establishes an has yet to prove that he must move to a new location. amortization period for nonconforming open storage and uses, provides: "all open commercial uses not 24. Plaintiff 5436 Santa Monica Boulevard, Inc. is a specifically permitted by this Chapter shall be corporation that owns the Front Door Adult Theater prohibited on the effective date of the ordinance and Bookstore at 5832-34 North Atlantic Boulevard. codified in this section as an amendment to the zoning It, too, is an adult business as defined by LBMC §§ regulations and all legal nonconforming open uses." 21.15.110(a)and(b). Exhibit 218 at Z-248a. 25. Larry Sphar is the principal officer of 5436 Santa 18. LBMC § 21.44.400, which governs the Monica Boulevard, Inc., which owns the Front Door elimination of nonconforming on- premises signs, Adult Theater and *1056 Bookstore. This adult provides that a nonconforming sign shall be removed business consists of a mini-theater and bookstore. It or brought into compliance with the requirements of occupies approximately 3,000 square feet. Mr. Sphar Chapter 21.44 within one year of the effective date of has looked for other suitable locations for his adult a new owner's or lessee's business license. Exhibit business but has not found what he considers to be a 218 at Z-273. reasonable alternative site. He has contacted realtors and potential lessors regarding the availability of D. Plaintiffs suitable alternative locations. He considered purchasing a building on Cherry Avenue, near the 405 19. Plaintiff Seung Chun Lim owns two businesses Freeway, but he rejected this location because the defined by LBMC 21.15.110(A)(C) as adult seller wanted $1.3 million dollars for the building. bookstores and adult motion picture arcades. These According to Mr. Sphar, this option would not have two bookstores are located at 1529 West Pacific Coast been "a good business decision." Highway ("Pacific World") and 6037-39 Atlantic Avenue("T&C World"). 26. All of plaintiffs' businesses are located within 300 feet of a residential district. 20. The Pacific World Bookstore operated by Mr. Lim occupies 1,500 square feet. Mr. Lim sells adult 27. Two of plaintiffs' businesses are located in the books, and four video arcade machines are available area described in§ 21.45.110(A)(1)(f). Pacific World to customers. T & C World Bookstore is similar to is located near the 1500 block of West Pacific Coast the Pacific World Bookstore. There is no evidence Highway, and South Seas Adult Bookstore is located that Mr. Lim made any attempt to relocate either near the 1500 block of West Pacific Coast Highway. bookstore prior to or after plaintiff filed this lawsuit. 28. From 1994 to 1996, the Long Beach Police 21. Plaintiff Fluffy, Inc. is a California corporation Department trade over fifty arrests for lewd conduct that owns the South Seas Adult Bookstore located at at or hear the Front Door Theater and Bookstore. 1567 West Pacific Coast Highway. Its business is defined as an adult bookstore by LBMC § 29. Under the provisions of the 1988 adult business 21.15.110(A). ordinance, plaintiffs were required to cease operating their adult businesses no later than August 1, 1990. 22. Robert Blake is the President of Fluffy, Inc. He However, plaintiffs applied for and were granted testified that the South Seas Adult Bookstore has been extensions permitting them to continue as adult located at 1567 West Pacific Coast Highway for entertainment businesses at their existing locations Copr. 0 West 1998 No Claim to Orig. U.S. Govt. Works 12 F.Supp.2d 1050 Page 7 (Cite as: 12 F.Supp.2d 1050, •1056) until August 1, 1993. a. 7075-1-1. Lot Size: 65+- acres. Zoning: Commercial. This lot consists of a small commercial E.Prior Litigation center with seven units. In January, 1997, two units were vacant. 30. Because plaintiffs were required to cease operation of their adult businesses at their present b. 7075-1-918. Lot Size: 65+- acres. Zoning: locations by August 1, 1993, they filed a civil rights General Industrial. [FN21 This property *1057 is action on July 30, 1993. in the United States District occupied by a former Navy Hospital. in September Court for the Central District of California, entitled 1997, the existing building was being renovated for Seung Chun Lim, Fluffy, Inc., a California use as a multi-tenant commercial center. As of corporation, and 5436 Santa Monica Boulevard, Inc., September 18, 1997, the building was not available v. City of Long Beach, Civil 93-4530 MRP (Tx). for occupancy. 31. In response to plaintiffs' motion for a preliminary FN2. Chapter 21 33.020 of the LBMC defines injunction, the City voluntarily refrained from industrial districts as follows: A "Light Industrial" enforcing the 1988 Ordinance pending trial. district "allows a wide range of industries whose primary operations occur entirely within enclosed structures and which pose limited potential for 32. While the previous lawsuit was pending, the environmental impacts on neighboring uses. While City, in November, 1994, amended the 1988 the emphasis is on industrial, manufacturing, and Ordinance as described above. Thereafter, on related uses, small-scale office and commercial uses November 29, 1994, the district court dismissed the intended to serve nearby industries and employees earlier case without prejudice to plaintiffs' rights to are permitted." A "Medium Industrial" district challenge the constitutionality of the 1994 Ordinance 'allows a wide range of industries and industrial in a new lawsuit. On April 17, 1996, just thirty-one processes that involve more intensive operations.... (Olffice and commercial uses intended to serve days before the expiration of the amortization period nearby industries and employees may be permitted." under the 1994 Ordinance, plaintiffs filed the present A "General Industrial" district is "considered the action. On May 6, 1996, the City stipulated to the City's 'industrial sanctuary' district where a wide entry of a preliminary injunction. As a result of the range of industries that may not be desirable in other preliminary injunction, plaintiffs have continued to districts may locate. The emphasis is on traditionally operate their adult businesses at their existing heavy and industrial and manufacturing uses." Exh. locations. 218,at Z-172-173. F. Potentially Available Alternative Sites c. 7113-1-16. Lot Size: 10+- acres. Zoning: General Industrial. This property is occupied by a 33. The following commercial and industrial [FNI1 lumber yard and truck storage center. sites, listed by Los Angeles County Assessor's Parcel number, were identified by the City as available for d. 7113-1-18. Lot Size: 23,050 +- square feet. adult entertainment uses within the City of Long Zoning: General Industrial. This lot is occupied by Beach. an industrial supply business. FNI. Under LBMC Title 21 § 21.15.560, e. 7113-1-25. Lot Size: 1.6 acres. Zoning: commercial' means a category of uses characterized General Industrial. This property is occupied by an by the exchange of goods and services for financial industrial building/commercial enterprise. or other consideration." And under LBMC § 21.15.1460, " 'industrial' means a category of land f. 7113-2-902. Lot Size: 8.6 acres. Zoning: uses comprised of these activities necessary to General Industrial. This property is a vacant lot convert natural resources into finished products. where certain minerals had previously been extracted These activities include all resource extracting, from the land. It is located at Cherry Avenue and resource processing, manufacturing, assembling, storage, transhipping and wholesaling that precede 69th Street. - the arrival of goods at a retail land use." See Exhibit 218. g. 7113-13-40. Lot Size: 1.9 acres. Zoning: Medium Industrial. This property is occupied by an 34. North Long Beach Area industrial building/commercial enterprise. Colin 0 West 1998 No Claim to Orig. U.S. Govt. Works 12 F.Supp.2d 1050 Page 8 (Cite as: 12 F.Supp-2d 1050, *1057) h. 7115-0-2. Lot Size: 25,000 square feet. Zoning: veterinary clinic. Commercial. An unoccupied two-story office building is located on this property. The site is s. 7119-20-26. Lot Size: 13,800 square feet. located on the north side of Artesia near the 710 Zoning: Medium Industrial. A commercial building/ freeway. auto parts and tire business is located on this site. i. 7115-2-5, 6, 9. Lot Sizes: one at 8,976 Square t. 7119-20-27. Lot Size: 4,600 square feet. Zoning: feet; two at 6,100 square feet. Zoning: Light Medium Industrial. This site is a vacant lot on the industrial. These lots are occupied by three single north side of East Artesia Boulevard between Sarina family residences and a mini-warehouse near Atlantic and Minnesota Avenues. and 67th Street. u. 7119-20-28. Lot Size: 20,000+ square feet. j. 7116-4-19. Lot Size: 2.8 acres. Zoning: General Zoning: Medium Industrial. The site is occupied by Industrial. This property is occupied by an auto a dry cleaning and laundry equipment facility. wrecking center. v. 7119-20-31. Lot Size: 19,500 square feet. k. 7116-4-20. Lot Size: 7.4 acres. Zoning: Zoning: Medium Industrial. This site is a vacant lot General Industrial. This property is occupied by a on the north side of East Artesia Boulevard between vacant industrial warehouse. Schilling and Minnesota Avenues. 1. 7119-18-20, 21, Lot Size: 4.7 acres. Zoning: *1058 w. 7119-21-1. 2. Lot Size: 1.7 acres. Commercial. This site was formerly occupied by Zoning: Medium Industrial. This site is occupied by Builders Emporium Center. In September 1997, the an industrial valve and supply facility. building was vacant and for lease. A small, separate commercial structure is also located on this site. In x. 7119-21-3. Lot Size: 19,525 square feet. September 1997, one of the units in the smaller Zoning: General Industrial. This site, which is commercial structure was vacant. located on the north side of East Artesia Boulevard and east of the L.A. & S.L. rail tine, is occupied by a m. 7119-19-11. Lot Size: 12 acres. Zoning: vacant commercial building. Commercial. This site is occupied by a propane sales business. y. 7119-21-4. Lot Size: 19,525 square feet. Zoning: General Industrial. This site consists of an n. 7119-19-12. Lot Size: 16,000 square feet. occupied commercial/industrial building. Zoning: Commercial. This site is occupied by an auto body repair and painting business. z. 7119-Gene Ind Size: 19,525 omm square feet. Zoning: General Industrial. A commercial building o. 7119-19-13. Lot Size: 12,000 square feet. occupied by an auto/truck towing service is located on Zoning: Commercial. This site is occupied by a jeep this site. repair/parts business. aa. 7119-21-9. Lot Size: 18,925 square feet. p. 7119-20-1, 2, 3, 5, 6, 7. Lot Size: 42,105 square Zoning: General Industrial. This site is occupied by feet. Zoning: Commercial. This site is occupied by a laundry and dry cleaning equipment facility. The a multi-tenant commercial/retail center. The center site is located on the north side of East Artesia consists of nine units and a freestanding fast-food Boulevard west of Paramount Boulevard. restaurant. In September 1997, several of the units were vacant and for lease. ab. 7119-21-10, 11, 12, 13. Lot Size: 53,625 square feet. Zoning: General Industrial. This site contains a q. 7119-20-15. Lot Size: 5,125 square feet: scrap metal and storage yard. Zoning: Medium Industrial. This site is occupied by an auto repair facility at the northwest comer of East ac. 7119-21-15. Lot Size: 8,415 square feet. Artesia Boulevard and Schilling Avenue. Zoning: General Industrial. This site is occupied by a stucco construction business. An industrial building r. 7119-20-19. Lot Size: 4,950 square feet. Zoning: and storage yard are located on this site. Medium Industrial. This site is occupied by a Copr.C West 1998 No Claim to Orig. U.S. Govt. Works 'I 12 F.Supp.2d 1050 Page 9 (Cite as: 12 F.Supp.2d 1050, *1058) ad. 7119-21-16. Lot Size: Unknown. Zoning: General Industrial. This site is utilized as a scrap ap. 7157-13-13. Lot Size: 18,480 square feet. metal yard. Zoning: Light Industrial. The site is occupied by an auto repair facility. ae. 7121.9-1. Lot Size: 16,000 square feet. Zoning: Light Industrial. This site is occupied by a aq. 7306-2249. Lot Size: 7.9 acres. Zoning: machine tool shop. General Industrial. This site consists of an occupied industrial build ing. af. 7121-9.40. Lot Size: 23,563 square feet. Zoning: Light Industrial. A two story multi-tenant at. 7306-22-900. Lot Size: 5.2 acres. Zoning: commercial and office building is located on this site. General Industrial. The site is used as a parking lot In September 1997, several units were Vacant. for the industrial building located on Assessor parcel number 7306-22-900. ag. 7121-9-43. Lot Size: 23,200 square feet. Zoning: Light Industrial. A two story multi-tenant as. 7306-22-904. Lot Size: 8+- acres. Zoning: office building is located on this site. Part of the General Industrial. The site consists of an occupied building is occupied by a construction firm. industrial building with adjacent parking lot. ah. 7121-10-36. Lot Size: 30,516 square feet. 35. Airport Area Zoning: Light Industrial. This site contains a multi- tenant commercial structure with auto repair facilities. a. 7148-20-9. Lot Size: 78,300 square feet. In January 1997, at least one unit was vacant. Zoning: General Industrial. This site consists of an office and industrial buildings. The buildings are ai. 7121-11-2. Lot Size: 18,000 square feet. occupied. Zoning: General Industrial. A single-story light industrial building is located at this site. The building *1059 b. 7148-20-10. Lot Size: 78,300 square feet. is occupied. Zoning: General Industrial. This site consists of an unoccupied industrial building. aj. 7121-11-12. Lot Size: 5.91 acres. Zoning: General Industrial. This site contains a warehouse c. 7148-20-11. Lot Size: 3.2 acres. Zoning: that is occupied by a building materials and General Industrial. This site consists of several construction hardware business. occupied industrial buildings on Cherry Avenue near 33rd Street. ak. 7121-11-15. Lot Size: 4.8 acres. Zoning: General Industrial. In September 1997, this site was d. 7148-20-12. Lot Size: 3.2 acres. Zoning: under construction as the future home of U.S. General Industrial. This site consists of an occupied Rentals. industrial building with a materials processing yard. al. 7121-11-21. Lot Size: 32,430 square feet. e. 7149-9-2, 3. Lot Size: 10,000 square feet. Zoning: General Industrial. This site contains an Zoning: General Industrial. An auto repair/ industrial/office building. It is occupied by a printing accessories-business is located at this site. business. f. 7149-9-4, 5. Lot Size: Unknown. Zoning: am. 7121-11-32. Lot Size: 32,430 square feet. General Industrial. This site consists of a welding Zoning: General Industrial. This site consists of an equipment shop. occupied industrial/office building. g. 7149-9-6. Lot Size: 4,100+- square feet. an. 7121-11-33. Lot Size: 7 acres. Zoning: Zoning: General industrial. This site consists of a General Industrial. The site is occupied by a U-Haul two unit office building. The upper unit was vacant in facility and yard. September 1997. ao. 7157-13-12. i.ot Size: 16,800 square feet. It. 7149-9-6 & 7. Lot Size: 33,000 square feet. Zoning: Light Industrial. This site is occupied by an Zoning: General Industrial. This site consists of a auto repair facility. multi-tenant office building. In September 1997, at Copr.m West 1998 No Claim to Orig. U.S. Govt. Works 12 F.Supp.2d 1050 Page 10 (Cite as: 12 F.Supp.2d 1050, *1059) least one unit was vacant. zoning area designated PD-9. The development area contemplates professional businesses with related i. 7149-10-1. Lot Size: 1.46 acres. Zoning: services. Mini-theaters and arcades are precluded by General Industrial. This site is occupied by a gas Ordinance No. C-5762, adopted September 15, 1981. station equipment rental business. q. 7149-13-927. Lot Size: Unavailable. Zoning: j. 7149-10-2. Lot Size: 1.4 acres. Zoning: General PD-9. This site consists of a multi-tenant office Industrial. This site consists of two occupied complex. It is located in a planned development commercial buildings. zoning area designated PD-9. The development area contemplates professional businesses with related k. 7149-13-908. Lot Size: Unavailable. Zoning: services. Mini-theaters and arcades are precluded by PD-9. This site consists of a multi-tenant office Ordinance No. C-5762, adopted September 15, 1981. building. This property is located in a planned development zoning area designated PD-9. This r. 7149-13-928. Lot Size: Unavailable: Zoning: planned zoning area contemplates a business park with PD-9. This site consists of a multi-tenant office professional offices and related services. Mini- complex. It is located in a planned development theaters and arcades are precluded by Ordinance zoning area designated PD-9. The development area C-5762 adopted September 15, 1981. contemplates professional businesses with related services. *1060 Mini-theaters and arcades are 1. 7149-13-911. Lot Size: Unavailable. Zoning: precluded by Ordinance No. C-5762, adopted PD-9. This site consists of a mull-tenon[ office September 15, 1981. complex. It is located in a planned development zoning area designated PD-9. The development area s. s property i Lot Size: 3 acres. Zoning: PD-18. contemplates professional businesses with related This property is occupied by a multi tenant office services. Mini-theaters and arcades are precluded by building. It is a planned business development area Ordinance No. C-5762, adopted September 15, 1981. designated PD-18. The development contemplates business offices and ancillary services. Ordinance in. 7149-13-919. Lot Size: Unavailable. Zoning: C-6223, adopted January 7, 1986 and revised by PD-9. This site consists of a multi-tenant office Ordinance number C-6783. prohibit theaters and complex. It is located in a planned development arcades in the development area, zoning area designated PD-9. The development area contemplates professional businesses with related t. 7149-14-928. Lot Size: 4.3 acres. Zoning: services. Mini-[heaters and arcades are precluded by PD-18. This lot consists of a recreational vehicle Ordinance No. C-5762, adopted September 15, 1981. storage/parking area with related storage and office facilities. n. 7149-13-921. Lot Size: Unavailable. Zoning: PD-9. This site consists of a multi-tenant office u. 7212-2-8. Lot Size: 22.400 square feet. Zoning: complex. It is located in a planned development Medium Industrial. This site is occupied by a pump zoning area designated PD-9. The development area supply and service business. contemplates professional businesses with related services. Mini-theaters and arcades are precluded by v. 7212-2 9. Lot Size: 20,250 square feet. Zoning: Ordinance No. C-5762, adopted September 15. 1981. Medium Industrial. This lot consists of an open storage area and industrial building adjacent to the o. 7149-13-922. Lot Size: Unavailable. Zoning: pump supply business. PD-9. This site consists of a multi-tenant office complex. It is located in a planned development w. 7212-2-12. Lot Size: 16,800 square feet. zoning area designated PD-9. The development area Zoning: Medium Industrial. This is a vacant lot used contemplates professional businesses with related for open storage of pipes. services. Mini-theaters and arcades are precluded by Ordinance No. C-5762, adopted September 15, 1981. x. 7212-2-13. Lot Size: 14.000 square feet. Zoning: Medium Industrial. This lot is vacant and is p. 7149-13-924. Lot Size: Unavailable. Zoning: used for storage of pipes. PD-9. This site consists of a multi-tenant office complex. It is located in a planned development y. 7212-2-22. Lot Size: 32,000 square feet. Copr. 0 West 1998 No Claim to Orig. U.S. Govt. Works 12 F.Supp.2d 1050 Page 11 (Cite as: 12 F.Supp.2d 1050, •1060) Zoning: Medium Industrial. This lot is occupied by a Medium Industrial. This parcel consists of a vacant used car dealer. It consists of an open parking area lot that is used for shipping container storage. In with related office facilities. January 1997, the property was for sale. z. 7212-2-23. This lot is located in the City of Signal 37. Traffic Circle Hill. [FN3] a. 7219-9-3. Lot Size: 15,250 Square feet. Zoning: FN3. After the Court submitted this matter, the City commercial. This lot contains a four-unit commercial withdrew this site as a proposed alternative location. center. All of the units were occupied in September 1997. aa. 7212-2-26. Lot Size: 5.9 acres. Zoning: Medium Industrial. This lot is used for outdoor auto/ 38. Seaport Village Area truck parking.. a. 7237-20-24. Lot Size: I6,000+- square feet. ab. 7212-3-7. Lot Size: 3.9 acres. Zoning: Zoning: PD-1. This lot is occupied by a restaurant. Medium Industrial. This site consists of two The property is part of planned development and industrial buildings,both of which are occupied. improvement area designated PD-1. ac. 7212-3-12. Lot Size: 14,000+- square feet. b. 7237-20-25. Lot Size: Unavailable. Zoning: Zoning: Medium Industrial. This lot consists of an PD-1. A multi-tenant, two-story Office *1061 building industrial building. In September 1997, it was is located on this site. This lot is part of a planned available for lease/sale. See Exhibit 74. business development area designated PD-1, Area 25. ac. 7212-349. Lot Size: 17,800 square feet. c. 7237-20-26. Lot Size: 21.12 acres. Zoning: Zoning: Medium Industrial. This lot is occupied by PD-1. A multi-tenant regional commercial center is an auto sales business with related office facilities. located on this lot. This lot is part of a planned development and improvement area designated PD-1, ad. 72124-11. Lot Size: 17,860 square feet. Area 18. In January 1997, fourteen retail units and Zoning: Light Industrial. This lot is occupied by an two restaurant units were vacant. auto parts retail business. d. 7237-20-00. Lot Size: Unavailable. Zoning: ae. 7212-4-12. Lot Size: 19,166 square feet. PD-1. A planned multi-tenant business/commercial Zoning: Light Industrial. This lot is occupied by a development is located on this site. This site is also printing company. part of a planned development and improvement area designated PDA, Area 25. af. 7212.4-14. Lot Size: 13,506 square feet. Zoning: Light Industrial. This is a vacant lot used as e. 7237-20,41. Lot Size: Unavailable. Zoning: a truck parking lot. PD-1. A planned multi-tenant business/commercial development is located on this site. This site is part of ah. 7212-4-17. Lot Size: 1.5 acres. Zoning: Light a planned development and improvement area Industrial. A Charlie Brown's Restaurant is located designated PD-1, Area 25. on this site. f. 7237-20-43. Lot Size: 4.25 acres. Zoning: ai. 7212-9-911. Lot Size: 91 acres. Zoning: Light PD-1. This is an undeveloped parcel of land that is Industrial. This is undeveloped land that is currently part of a planned development and improvement area used as a recycling center and public dump. designated PD-1, Area 25. According to the City, pan of this site was an oil producing field. Plaintiffs Exhibit 181A indicates that g. 7237-20-44. Lot Size: +-3 acres. Zoning: the site is not readily accessible to retail customers PD-1. This is an undeveloped parcel of land that is and lacks appropriate infrastructure. part of a planned development and improvement area designated PD-1, Area 25. 36, Hughes Aircraft Area h. 7237-20.45. Lot Size: included as part of a. 7310-16fi1. Lot Size: 1.3 acres. Zoning: preceding lot. Zoning: PD-1. This is an undeveloped Copr.0 West 1998 No Claim to Orig. U.S. Govt. Works 12 F.Supp.2d 1050 Page 12 (Cite as: 12 F.Supp.2d 1050, *1061) parcel of land that is part of a planned development and improvement area designated PD-1, Area 25. It. 7432-3-17. Lot Size: 12,000 square feet. Zoning: General Industrial. This lot is occupied by a i. 7242-11-9. Lot Size: 2.2 acres. Zoning: PD-1. restaurant. This lot consists of unimproved land. This lot is part of a planned development and improvement area L 7432-3-19. Lot Size: 6,100 square feet. Zoning: designated PD-1. Area 29. General Industrial. A welding shop is located on this lot. j. 7242-11-10. Lot Size: 16.000 square feet. Zoning: PD-1. This lot consists of unimproved land. j. 7432-3-29. Lot Size: I0,700 square feet. Zoning: This lot is part of a planned development and General Industrial. An industrial supply company is improvement area designated PD-1, Area 29. located at this site. k. 7242-11-11. Lot Size: 1.5 acres. Zoning: PD-1. Is. 7432.4-23. Lot Size: 11,160 square feet. This lot consists of unimproved land. This lot is part Zoning: General Industrial. This site is occupied by of a planned development and improvement area a restaurant. designated PD-1, Area 29. 1. 7432-10-18. Lot Size: 5,040 square feet. Zoning: 1. 7242-12-6. Lot Size: 2.4 acres. Zoning: PD-1. General Industrial. This lot is used for general A multi-tenant office building is located on this lot. industrial storage. This lot is pan of a planned development and improvement area designated PD-1, Area 29. in. 7432-10-19. Lot Size: 10,080 square feet. Zoning: General Industrial. This site is occupied by 39. Port Area a welding supply company. a. 7429.7-18. Lot Size: 2.9 acres. Zoning: *1062 n. 7432-10-20. Lot Size: . 5040 square feet. General Industrial. This parcel is used for container Zoning: General Industrial. This site is used for pallete storage. parking for the office building. b. 7429-17-6. Lot Size: 10,000 square feet. o. 7432-10-21, 22, 23. Lot Size: 12,000 square Zoning: General Industrial. This lot is occupied by a feet. Zoning: General Industrial. An office building welding and radiator repair shop. is located on this site. C. 7429-17-905. Lot Size: 6,534 square feet. p. 7432-10-24. Lot Size: 10,160 square feet. Zoning: General Industrial. This lot consists of Zoning: General Industrial. The site is occupied by vacant land. an autoltruck supply business. d. 7429-17-910. Lot Size: 6,000 square feet. q. 7432-19-23, 24, 25, 26. Lot Size: 50,000 square Zoning: General Industrial. This lot consists of feet. Zoning: General Industrial. This site is vacant land. occupied by a transport company with related open storage. e. 7429-41-37. Lot Size: 7,140 square feet. Zoning: General Industrial. An industrial building 40. The City identified the following additional lots with outdoor storage is located on this property. The as potential sites for adult entertainment uses: building is occupied. a. 7113-2-4. Lot Size: 17.8 acres. Zoning: f. 7429-41-46. Lot Size: 27,400 square feet. General Industrial. This site is occupied by a Food Zoning: General Industrial. An industrial building 4-Less market and Home Base Center with related with outdoor storage is located on this lot. The parking. Pan of this site is located within a residential building is occupied by an electric motor company. buffer zone. According to the City, it would be possible to subdivide the lot so that part of the lot g. 7432-3-16. Lot Size: 6,000 square feet. Zoning: would be outside the residential buffer zone. General Industrial. A radiator repair shop is located b. 7119-18-27. Lot Size: 7+ acres. Zoning: on this site. Cope 0 West 1998 No Claim to Orig. U.S. Govt. Works 12 F.Supp.2d 1050 Page 13 (Cite as: 12 F.Supp.2d 1050, *1062) Commercial. This site is a commercial center with a (Exhibit 1); paragraph 340 ), parcel#7116-18-20, 21 Food 4-Less market and related parking. Part of this (Exhibit 12); paragraph 34(p), parcel # 7119-20-31 site is located within a church buffer zone. According (Exhibit 22); paragraph 34(x), parcel # 7119-21-3 to the City, this lot could be subdivided so that pan of (Exhibit 24); paragraph 34(af), parcel # 7121-9-40 the site would be outside the restricted buffer zone (Exhibit 32); paragraph 35(h), parcel#7149-9-6 &7 and would then be available for adult entertainment (Exhibit 53); paragraph 38(c), parcel # 7237-20-26 uses. (Exhibit 86). c. 7242-900. Lot Size: Unavailable. Zoning: 44. At least twenty-seven or twenty-eight TN41 adult PD4, Area 2. This site consists of Marine Stadium businesses could co- exist under •1063 the 1994 and adjacent property. The City does not suggest that Ordinance. See Exhibit 160, Overall City Study Marine Stadium is available for adult entertainment Areas Depicting Sites City Claims are Available with uses. However, the City suggests the property south 1,000 Foot Minimum Distance Between Sites. of Second Street on Marina Drive could be subdivided so that several parcels would be outside a residential FN4. Whether the minimum number is twenty-seven buffer zone. These new subdivided sites would then or twenty-eight is unclear because the vacant lot be available for adult entertainment. previously used for mineral extraction located at Cherry Avenue and 69th Street described in paragraph 34(f) has been excluded from the business d. The commercial center adjacent to the Queen real estate market by the Court. Based upon the Mary tourist center. The leases for this commercial evidence submitted, the Court canna determine center exclude adult entertainment businesses. whether another site in this general area could replace the excluded site. This potential discrepancy 41. Excluding the sites withdrawn by the City, the is immaterial because even an ordinance that allows City has identified 115 potentially available alternative only twenty-seven adult businesses to coexist in the sites for adult entertainment establishments. With the City of Long Beach is constitutionally permissible. exception of the ninety-one acre industrial site q5. Seven percent of the Commereiallindus[rial area described in paragraph 35(ai), all the other industrial sites are accessible to the public and, as depicted in of the City of Long Beach is available for adult the photographic exhibits, have access to necessary entertainment businesses. utilities and other municipal services. The vacant lot previously used for mineral extraction described in Approximately forty percent the City of Long paragraph 34(f) and the industrial site occupied by an Beach ch is zoned residential, nine percent of the City of auto wrecking center and junk yard described in Long Beach is zoned commercial, and nineteen paragraph 340) are excluded from the business real percent of the City of Long Beach is zoned industrial. estate market under Toparga Press, Inc. v. City of 47 Approximately 396 business licenses are applied Los Angeles, 989 F.2d 1524, 1532 (9th Cir.1993) (junk yards, steel yards, and car storage lots properly for every month, and thirty-six of these excluded under Renton v. Playtime Theatres, 475 (approximately ten percent) are for retail U.S. 41, 106 S.Ct. 925, 89 L.Ed.2d 29 (1986)). establishments. There are approximately 1271 retail business licenses in the City of Long Beach, and 42. The 115 locations do not constitute the total thirty-seven of the retail businesses are bookstores. market for alternative sites that potentially could be used for adult business establishments. The City did In addition t the four adult business not attempt to identify every possible alternative establishments maintained by plaintiffs, there is a location due to the cost of such a survey. The 115 massage parlor that may also be required to relocate. sites identified by the City represent an attempt by the The other known existing adult entertainment City to show the existence of sufficient alternative business—Angel's Nightclub—is in frill compliance locations available to the plaintiffs and other adult with the locational requirements of the 1994 businesses. Ordinance. 43, Plaintiffs concede that eight sites are available for III. plaintiffs to relocate, and seven of these sites are more Conclusions of law than 1,000 feet from each other. These sites are A. Constitutional Considerations in Limiting the described in paragraph 34(a), parcel # 7075-1-1 Location of Adult Businesses Copr.0 West 1998 No Claim to Orig. U.S. Govt. Works 12 F.Supp.2d 1050 Page 14 (Cite as: 12 F.Supp.2d 1050, *1063) [1) The Long Beach Ordinance does not ban adult infrastructure including sidewalks, roads, and businesses outright but simply limits the areas of the lighting. id. City in which they may operate. Because zoning laws such as the ordinance at issue target the secondary FN5. In Topanga Press, the court excluded sites effects of adult businesses, rather than the content of from the relevant market that were located under the Pacific Ocean; in the Los Angeles Airport or Van the speech involved, they are considered content- Nuys Airport; in areas used as landfill; in areas neutral time, place, and manner restrictions and are used by the Port of Los Angeles and/or as oil constitutionally permissible so long as they are refineries; on land occupied by junk yards, steel designed to serve a substantial governmental interest yards, and car storage lots; and on land used for and do not unreasonably limit alternative avenues of petroleum gas storage. Topanga Press, 989 F.2d at communication. City of Renton v. Playtime Theatres, 1532; see also, Basiardanes v. City of Galveston, 475 U.S. 41, 46, 106 S.Ct. 925, 89 L.Ed.2d 29 682 F.2d 1203, 1214 (5th Cir.1982) (concluding that whether defined as physically or economically (1986). The parties do dispute that curbing the unsuitable, areas located among warehouses, secondary effects of adult businesses, such as shipyards, and undeveloped areas did not provide neighborhood deterioration, crime, and decreased adult businesses with a reasonable opportunity to property values, is a substantial government interest. relocate) y Only the second Renton factor is at issue in this case: whether the Long Beach ordinance unreasonably Plaintiffs argue strenuously that occupied properties limits plaintiffs' alternative avenues of expression. may not be included in the relevant market, yet they See Pretrial Conference Order,¶7(a). cite no authority for this proposition. In Renton, respondents asserted that some of the land in question (2] Under Renton, cities may regulate adult "is already occupied by existing businesses, that businesses by dispersing them over an extended 'practically none' of the undeveloped land is currently geographical area. 475 U.S. at 52, 106 S.Ct. 925. for sale or lease, and that in general there are no However, a local government infringes an adult commercially viable' adult theater sites within the business's First Amendment rights if it effectively 520 acres left open by the Renton ordinance." 475 denies the business a "reasonable opportunity to open U.S. at 53, 106 S.Ct. 925, The Supreme Court and operate an adult theater within the city." Id. at explained that the Ninth Circuit had erred in accepting 54, 106 S.Ct. 925; see also Topanga Press, Inc. v. plaintiffs' argument that permissible locations were City of Los Angeles, 989 F.2d 1524, 1529 (9th unavailable: Cir.1993) (quoting Renton ); Walnut Properties, Inc. That respondents must fend for themselves in the v. City of Whittier, 861 F.2d 1102, 1107 (9th real estate market, on an equal footing with other Cir.1988) (same). prospective purchasers and lessees, does not give rise to a First Amendment violation..., [W]e have [3) An adult business has a reasonable opportunity to never suggested that the First Amendment compels open and relocate if (1) the available sites are part of the Government to ensure that adult theaters, or any an actual business real estate market, and (2) after other kinds of speech-related businesses for that excluding those sites that may not properly be matter, will be able to obtain sites at bargain prices. considered to be part of the relevant market, there are Id. at 54, 106 S.Ct. 925. an adequate number of potential relocation sires for already existing businesses. Topanga Press, 989 F.2d Following Renton, the Fifth Circuit found it "patently at 1530. irrelevant" that certain sites were unavailable either 1. Standard for Defining the Relevant Market because the owner of the site would not rent or sell to an adult business or because the site was currently [4](5] A site is potentially available if (1) it is not occupied. Woodall v. City of El Paso, 49 F.3d 1120. unreasonable to believe that it would ever become 1125-26 (5th Cir.1995). The Woodall court _ available to any commercial enterprise, (2) it suits concluded that neither of these factors was "of any some generic commercial enterprise, although not obvious concern under Renton." id. Likewise, in every particular enterprise, [FN5] or (3) it is discussing the "ground rules" for determining whether commercially zoned. *1064 Topanga Press, 989 F.2d adequate alternative sites exist for adult businesses, at 1531. If a site is located in an industrial or Judge Collins of this District determined that it was manufacturing zone, it must also be reasonably not particularly relevant" under Renton that almost 3 accessible to the general public and have a proper none of the undeveloped land was for sale or lease Y Copr.®West 1998 No Claim to Orig. U.S. Govt. Works 12 F.supp.2d 1050 Page 15 (Cite as: 12 F.Supp.2d 1050, *1064) and that commercially viable sites were lacking. 3570 burden of persuasion—here BBI—must suffer the East Foothill Blvd., Inc. v. City of Pasadena, 912 consequences of such uncertainty." 874 F.Supp. 890. F.Supp. 1257, 1264 (C.D.Cal.1995), affd 99 F.3d 895 (N.D.11.1995). In T-Marc, Inc. v. Pinellas 1147, 1996 WL 593174 (9th Cir.1996) (1570 East County, the Court held that the law does not require Foothill I "). defendants to confirm that the sites are economically and logistically viable, except as it relates to the terms (6) Even properties with a restrictive lease banning of the ordinance. 804 F.Supp. 1500, 1504 adult businesses are considered "potentially available" (M.D.Fla.1992). The T-Marc court determined that because the Supreme Court has declined to carve out the County had met is burden of complying with the special rules for adult businesses competing in the real ordinance "by presenting evidence that 123 alternative estate market. See Renton, 475 U.S. at 53, 106 S.Ct. sites complied with the distance restriction in the 925: Topanga Press, 989 F.2d at 1531, 1532 ("The ordinance." Id. (following SDI, Inc. v. City of issue is whether any site is part of an actual market Houston, 636 F.Supp. at 1359, 1370 (S.D.Tex.1986), for commercial enterprises generally.... The City is aff d, 837 F.2d 1268(5th Cir.1988)). correct that at times Mr. Bailey improperly considered factors such as ... whether adult businesses would not Here, the Court need not decide which party had the be welcomed by landlords."). initial burden of identifying potentially available alternative sites because the City assumed this a. Burden of Proof obligation early in the litigation. The ultimate burden of persuasion, however, falls on the plaintiffs, who Preliminarily, we dispose of the plaintiffs' argument initiated this action. Consequently, plaintiffs have the that the City bears the ultimate burden of proof to burden of showing that the alternative sites identified show that there are a reasonable number of alternative by the City are not potentially available for use as a sites potentially available to plaintiffs under the terms commercial establishment. (FN61 of the 1994 Ordinance. Plaintiffs contend that not only must the City come forward with specific FN6. During closing arguments, plaintiffs argued alternative sites, but the City must also show that such that the burden of proof rested with the City. If the sites are truly available to plaintiffs by showing that Court were to conclude otherwise, plaintiffs each site is neither occupied nor encumbered by a requested that the Court vacate the submission and allow them to supplement the record with additional long-term lease or other similar encumbrance. The evidence regarding such matters as whether any site Court disagrees. is owner-occupied, the length of any lease and the current availability of the sites identified by the City. (71 Defendant has come forward with a significant The Court denies plaintiffs' request because such number of alternative sites but plaintiffs find them to evidence would be immaterial under Renton and be unsatisfactory, primarily because most of the Topanga Press. properties are occupied. Plaintiffs bear the ultimate burden of proof: b. Application The Adult Businesses had the burden of proving that Commercially zoned sites are part of the relevant real the Ordinances denied them a reasonable estate market. Topanga Press, 989 F.2d at 1531. Opportunity to open and operate their businesses by There are nine sites specifically zoned for commercial failing to provide reasonable alternative avenues of purposes. There are an additional twenty-three sites communication. To meet their burden, the Adult located in planned development and improvement Businesses had to show that the areas left open to areas which are intended for commercial purposes. them were inadequate to satisfy the demand for adult Additionally, the area adjacent to the Queen Mary, as business locations. described in paragraph 40(d), is intended for Woodall,49 F.3d at 1125. commercial uses. The three commercial sites described in paragraphs 40(a), 40(b) and 40(c), Few lower courts have addressed the burden of proof however, must be excluded from the potential market issue directly. In BBI Enterprises, Inc. v. City of because they are located within a prohibited buffer Chicago, plaintiff BBI had the burden of proving its zone. By the terms of the Ordinance, these sites are constitutional challenge. In pointing out that both unavailable for use as adult businesses. Although parties' proofs had deficiencies, the district court locations could possibly be subdivided, that event is •1065 stated "where as here neither side has supplied far too speculative to support the City's argument that entirely reliable information, the parry having the they should be included in the relevant market. Copr. ©West 1998 No Claim to Orig. U.S. Govt. Works r 12 F.Supp.2d 1050 Page 16 (Cite as: 12 F.Supp.2d 1050, *1065) Despite the presence of a restrictive lease provision (1)the percentage of land potentially available to adult prohibiting an adult business establishment in the businesses; (2) the number of sites available in commercial center adjacent to the Queen Mary, the relation to the city's population; (3) the number of sites located in that center are properly included in the sites compared with the existing number of adult potential market. As noted above, under Renton and businesses; and (4) the number of businesses desiring Topanga Press, properties with restrictive lease to offer adult entertainment. 3570 East Foothill 1, 912 provisions are, nonetheless, part of the relevant F.Supp. at 1265. Given the distance requirements of business real estate market. the Long Beach ordinance, the more relevant inquiry is the number of adult businesses that can co-exist (81 Sites in industrial zones are part of the relevant simultaneously. See id. market if three criteria are met: (1) the site is reasonably accessible to the public; (2) the site Whether the number of relocation sites comports with contains proper infrastructure; and (3) the site suits the First Amendment is a highly fact-specific inquiry, some generic commercial enterprise, but not any and no constitutional minimum has been established. specific one. Id. For example, in Topanga Press, the Ninth Circuit affirmed the district court's finding that Los Angeles' (91 Here, the majority of the industrial zoned sites-- 102 adult businesses did not have adequate with the exception of the ninety-one acre site alternatives for expression because there did not described in paragraph 35(ai), the vacant lot appear to be enough relocation sites to accommodate a previously used for mineral extraction described in reasonable number of the adult businesses. 989 F.2d paragraph 34(f), and the industrial site occupied by an at 1533 (120 sites). In a later case in the Central auto wrecking center and junk yard described in District, Young v. City of Simi Valley, Judge Rea paragraph 340)—arc potentially available for use as an found that four potential relocation sites did not adult business. With respect to the ninety-one acre amount to a reasonable number of alternative means site, the evidence does not establish that it is of communication. 977 F.Supp. 1017, 1022 reasonably accessible to the public or that it contains a (C.D.Cal.1997). In 3570 East Foothill Blvd., Inc. v. proper infrastructure to support commercial City of Pasadena ("3570 East Foothill IJ "), Judge development. The vacant lot once used for mineral Collins concluded that an ordinance limiting adult extraction and the site used as an auto wrecking center businesses to eleven relocation sites was are analogous to the junk yards and steel yards constitutionally adequate given that there was only one excluded in Topanga Press. The remaining industrial adult business located in Pasadena. 980 F.Supp. 329, sites satisfy the criteria established by Topanga Press. 343 (C.D.Cal.1997). In sum, after evaluating each site identified by the Courts in other circuits have reached varied results. City under the tests established by Renton and See, e.g., Woodall, 49 F.3d at 1127 (where more Topanga Press, there are at least 109 alternative reasonable" sites were available than businesses with locations potentially available for use as an adult demands for them, limitations found constitutionally business. Moreover, the evidence established that at adequate); Lakeland Lounge of Jackson, Inc. V. City least twenty-seven adult entertainment business •1066 of Jackson, Miss., 973 F.2d 1255, 1260 (51h could co-exist when the 1,000 foot buffer between Cir.1992) (where there were more sites available than adult businesses is taken into account. adult businesses needing to relocate, "as a matter of arithmetic" the number was reasonable); International 2. Determining Whether the Number of Relocation Eateries of America v. Broward County, Florida, 941 Sites is Constitutionally Adequate F.2d 1157, 1165 (llth Cir.1991) (twenty-six sites available to an adult entertainment establishment a. A Reasonableness Standard Applies complied with Renton ); Alexander v. City of Once areas not part of the relevant market are Minneapolis, 698 F.2d 936, 938-39 (8th Cir.1983) excluded, the Court must then determine whether the (ordinance unconstitutional because it permitted only remaining sites provide adult businesses forced to twelve relocation sites for thirty businesses); CLR move with a reasonable opportunity to relocate. Corp. v. Henline, 702 F.2d 637, 639 (6th Cir.1983) Topanga Press, 989 F.2d at 1533. There are no (ordinance that permined only two to four restricted bright line rules defining when a given number of uses in a half- mile strip of the city invalid); Lady J. relocation sites is constitutionally adequate. Factors Lingerie v. Jacksonville, 973 F.Supp. 1428, 1437 that courts have used to assess reasonableness include: (M.D.Fla.1997) (ninety-five sites provided reasonable Copr.0 West 1998 No Claim to Orig. U.S. Govt. Works 12 F.Supp.2d 1050 Page 17 (Cite as: 12 F.Supp.2d 1050, *1066) avenues of alternative communication as a matter of Circuit looked to the factors considered by the law); T-Mare, 804 F.Supp. at 1504 (123 available Washington Supreme Court in an earlier case: the sites more than adequate). specific circumstances of the non-conforming business, its lease obligation and the ease by which it b. Application could convert to a non-adult business. Ebel I1, 767 F.2d at 639 (following Northend Cinema, Inc. v. City As noted above, there are 109 commercial and of Seattle, 90 Wash.2d 709, 585 P.2d 1153, 1159-60 industrial locations potentially available for use as (1978) (three month amortization period held adult businesses and twenty-seven adult business reasonable)). establishments could co-exist under the provision of the 1994 Ordinance. Although plaintiffs argue that the eighteen month amortization period is unreasonable, they make no [10] The fact that some of the 109 sites are occupied showing as to the terms of their lease obligation or and unavailable or economically unfeasible is particular circumstances making it unduly burdensome immaterial. Defendant is not required to guarantee for them to relocate within eighteen months. In fact, plaintiffs sites at economical rates. Renton, 475 U.S. owners Seung Chum Lim and Robert Blake made little at 54, 106 S.Ct. 925. "While the County must effort to find alternative sites for their businesses. provide reasonably adequate alternative locations, the Larry Spahr found one location, but it was too County is not required to guarantee plaintiffs a profit expensive. Plaintiffs were on notice as early as 1988 at the expense of public interest." Function Junction, that they would have to move, yet they did nothing. Inc. v. City of Daytona Beach, 705 F.Supp. 544, 552 (M.D.Fla.1987). [131 Other courts have upheld amortization periods of less than eighteen months. See Hart Book Stores, [ll] The four adult businesses maintained by Inc. v. Edmisten, 612 F.2d 821, 830 (4th Cir.1979) plaintiffs must relocate under the 1994 Ordinance. (six month amortization period approved for existing The evidence also suggests that there is one additional establishments); T-Marc, 804 F.Supp. at 1505 (one adult business—a massage parlor--that also must year amortization period upheld); SDJ. Inc., 636 relocate. *1067 The only other adult business-- F.Supp. at 1371 (six month amortization period Angel's Night Club—fully complies with the 1994 upheld). Given the circumstances, the eighteen month Ordinance locational requirements. Thus, at most, amortization period was reasonable. five adult businesses must relocate within the City. B. Plaintiffs' Equal Protection Claim The number of alternative sites is significantly larger than in those cases in which the ordinances were Plaintiffs allege that the City's practice of forcing struck down. The potential market is more than existing adult businesses to relocate while allowing adequate for four to five adult businesses. The fact nonconforming non-adult businesses to remain that twenty-seven adult businesses could co-exist indefinitely singles out adult businesses for further supports the Court's conclusion. unfavorable treatment in violation of the Equal Protection Clause of the Fourteenth Amendment of 3.Amortization Period the Constitution. The ordinance in question was adopted in 1988 with a [141 The Equal Protection Clause protects against compliance date for non- conforming uses set for arbitrary classifications of laws and regulations and August 1, 1990. Plaintiffs were able to extend this requires that similarly situated persons be treated date until August 1, 1993. The 1994 Ordinance equally. See U.S. Const. Amend. XIV; City of provided for an additional eighteen month Cleburne v. Cleburne Living Center, 473 U.S. 432, amortization period ending May 18, 1996. 439, 105 S.Ct. 3249, 87 L.Ed.2d 313 (1985). Although the Equal Protection Clause protects against [12] An amortization period must be reasonably unreasonable classifications, a plurality of the measured by the burden on existing businesses. Ebel Supreme Court stated in Young v. American Mini v. City of Corona, 767 F.2d 635, 639 (9th Cir.1985) Theatres that society's interest in protecting (Ebel II ); see also T-Marc, 804 F.Supp. at 1504; communication in the area of adult entertainment was SDJ, Inc., 636 F.Supp. at 1371_ In striking down an less important than the interest in unfettered political amortization period of sixty days in Ebel 11, the Ninth debate and that the city's interest in curbing the Copr.©West 1998 No Claim to Orig. U.S. Govt. Works • 12 F.Supp.2d 1050 Page 18 (Cite as: 12 F.Supp.2d 1050, '106 ) secondary effects and preserving the character of the other nonconforming uses. See, e.g., Schneider v. neighborhood supported the classification. 427 U.S. City of Ramsey, 800 F.Supp. 815, 823 50, 70-72, 96 S.Ct.2440,49 L.Ed.2d 310(1976). (D.Mitm.1992), affd 12 F.3d 140 (8th Cir.1993). Because the statute has only an incidental effect on Moreover, the two types of non-conforming uses are protected expression and the unequal treatment of not similarly situated. Two of plaintiffs' businesses adult and non-adult establishments does not directly are located on Pacific Coast Highway between Hayes threaten expression, the classification is rationally and Termino Avenues, where prostitution and lewd related to an important state interest--curbing the behavior are a problem. Another of plaintiffs' secondary effects of adult businesses. businesses on Atlantic Boulevard was the site of over fifty arrests for lewd conduct from January 1994 to 1V. December 1996, as Mr. Spahr acknowledged during CONCLUSION the trial. The unequal treatment of non-conforming adult businesses in Long Beach is based on the Because it is designed to serve a substantial deleterious effects they have on the surrounding *1068 government interest and does not unreasonably limit environment. See Young, 427 U.S. at 82 n. 6, 96 alternative avenues of communication, the 1994 S.Ct. 2440. Ordinance, as applied to plaintiffs, does not deprive plaintiffs of their First Amendment rights. The City [15)(161 The Court's conclusion that the statute does has proffered 109 sites to which plaintiffs may not violate plaintiffs' right to the equal protection of relocate. Furthermore, because plaintiffs' adult the law is based on largely the same rationale as that businesses are not similarly situated to other leading the Court to find no First Amendment nonconforming businesses, the fact that only adult violation. Because the ordinance targets the secondary businesses must relocate does not offend the Equal effects of adult businesses and not the content of Protection Clause. The restrictions set forth in the protected speech, strict scrutiny is not triggered under 1994 Ordinance are rationally related to the the First Amendment. Instead, the rational governmental interest in curbing the secondary effects relationship test applies. Where a fundamental right of adult entertainment businesses. Consequently, the is not implicated, a classification created by a zoning City is entitled to a judgment dismissing this action on law is subject to minimal scrutiny. See e.g.. Village the merits and an order vacating the stipulated of Belle Terre v. Boraas, 416 U.S. 1, 8, 94 S.Ct. preliminary injunction. Defendant shall also recover 1536, 39 L.Ed.2d 797 (1974) ("We deal with its costs of suit. Judgment shall be entered forthwith. economic and social legislation where legislatures have historically drawn lines which we respect against Because plaintiffs have advised the Court that they the charge of violation of the Equal Protection Clause intend to appeal any adverse judgment and seek an if the law be 'reasonable, not arbitrary' ... and bears injunction pending appeal, the Court's preliminary 'a rational relationship to a (permissible) state injunction shall remain in effect for twenty days objective.' "). following entry of the judgment so that plaintiffs may seek appropriate relief from the Ninth Circuit. [171 There is no evidence of any intent to discriminate on the content of plaintiffs' speech. IT IS SO ORDERED. Thus, the ordinance passes muster if the City has a rational basis for treating adult uses differently than END OF DOCUMENT Copr. 0 West 1998 No Claim to Orig. U.S. Govt. Works • Ja& ;We& Adult Entertainment Sites Map � � 5 200 Foot Residential . Buffer EYLANE y y .•yr.•~. .y. y.y y I { : .pry. tu LLI y L• yyry. � .{r rLr1••y y. •ryry YY f•r.r .y.y .y.y y. y. y. yyL. y.y.y. .ryf .yy ..•r. , •r•r r•r f•r r•r•f•r }•r•r•. r.r•r •r• y. y. y. y.y.y. y.y.y. yy• •.i •rLr rLr r•r . 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DISCUSSION: The SOB Subcommittee met today and came up with the following geographical criteria: GEOGRAPHICAL CRITERIA 1 . 200-foot buffer from other zone categories except "public" 2. One parcel buffer from arterial streets 3. 500-foot buffer from existing churches 4. 500-foot buffer from schools, etc., serving minor children 5. 500-foot buffer from a public park 6. 500-foot buffer from any other adult entertainment establishment 7. All signs for any adult entertainment establishment may not be located within y required buffer area 5CD ' 7i�-- "%"J II. RECOMMENDATION: Staff recommends adoption of Planning Commission Resolution No. recommending to City Council approval of the geographical criteria as delineated above. 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P.R R-1 R-1-M R-2 RJ 100 0 100 200 300 400 500 Feet s.iF Dec 3, 1998 11 •• j j NO 020 MMM %/ %//.� //`i a ORDINANCE NO. 905 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 5.88, ADDING CHAPTER 5.89, AND ADDING CHAPTER 25.110 OF THE PALM DESERT MUNICIPAL CODE REGARDING REGULATION OF ADULT ENTERTAINMENT ESTABLISHMENTS AND ADULT ENTERTAINERS. WHEREAS,Adult Entertainment Establishments require special supervision from the public safety agencies of the City in order to protect and preserve the health, safety, morals and welfare of the Patrons of such businesses as well as the citizens of the City-, and WHEREAS, Adult Entertainment Establishments are frequently used for unlawful sexual activities, including prostitution and sexual liaisons of a casual nature; and WHEREAS,the concern over sexually transmitted diseases is a legitimate health concern of the City which demands reasonable regulation of Adult Entertainment Establishments in order to protect the health and well-being of the citizens; and . WHEREAS, registration and permitting are legitimate and reasonable means of accountability to ensure that operators of Adult Entertainment Establishments comply with reasonable regulations and to ensure that operators do not knowingly allow their establishments to be used as places of illegal sexual activity or solicitation, and WHEREAS, there is convincing documented evidence that Adult Entertainment Establishments, because of their very nature,have a deleterious effect on both the existing businesses around them and the surrounding residential areas adjacent to them, causing increased crime and the downgrading of property values; and WHEREAS, it is recognized that Adult Entertainment Establishments, due to their nature, have serious objectionable operational characteristics, particularly when they are located in close .proximity to each other, thereby contributing to urban blight and downgrading the quality of fife in the adjacent area; and WHEREAS, the City Council desires to minimize and control these adverse effects and thereby protect the health, safety, and welfare of the citizenry; protect the citizens from increased crime; preserve the quality of life; preserve the property values and character of surrounding neighborhoods and deter the spread of urban blight; and WHEREAS, it is not the intent of this ordinance to suppress any speech activities protected by the First Amendment, but to enact a content-neutral ordinance which addresses the adverse secondary effects of Adult Entertainment Establishments; and RMPUB\RWID4364 -1' Ordinance No. 905 WHEREAS, it is not the intent of the City Council to condone or legitimize the distribution of obscene material, and the City Council recognizes that state and federal law prohibits the distribution of obscene materials and expects and encourages law enforcement officials to enforce State obscenity statutes against any such illegal activities in the City. In enacting this Chapter, the City Council neither supplants state obscenity legislation nor redefines the state standard for obscene live conduct; and WHEREAS,Baby Tam&Co., Inc. v. City of Las Vegas, 154 F.3d 1097 (9th Cir. 1998) casts doubt on the City's ability to enforce its current requirement for permits for Adult Entertainment Establishments and Adult Entertainers due to the possibility that California courts do not provide sufficiently prompt judicial review of permit decisions. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES ORDAIN AS FOLLOWS: SECTION 1 FINDINGS The City Council of the City of Palm Desert, California, hereby finds that: A. The City Council, in adopting this Chapter, takes legislative notice of the existence, content and findings of the following studies and cases concerning the existence and regulation of adverse secondary effects of Adult Entertainment Establishments in other cities: Phoenix. Arizona (1979)' Garden Grove, California(1991); Los Angeles, California(1977),Whittier, California(1978); Indianapolis, Indiana (1984); Minneapolis, Minnesota (1980); Cleveland, Ohio (1977); Oklahoma City, Oklahoma (1986); Amarillo, Texas (1977), Austin, Texas (1986); Beaumont, Texas (1982); Houston, Texas (1983); Seattle, Washington (1989), Tucson, Arizona (1990); State of Minnesota, Attorney General Report (1989), Newport News, Virginia (1996); St. Paul, Minnesota (1987); Corpus Christi, Texas(1995);National Law Center(1995), Young v. American Mini Theaters, Inc., 427 U.S. 50 (1976)' City of Renton v. Playtime Theaters, Inc., 47S U.S. 41 (198fi);FW/PBS, Inc. v. City of Dallas, 493 U.S. 215 (1990); and Barnes v. Glen Theater, Inc., 501 U.S. 560 (1991); United States Court of Appeals 9th Circuit decisions, including but not limited to Topanga Press, Inc. v. City of Los Angeles, 989 F.2d IS24 (1993), and Spokane Arcade, Inc., v. City of Spokane, 75 F.3d 663 (1996); several California cases, including but not limited to City of National City v. Weiner, 3 Cal.4th 832 (1993);People v. Superior Court, (Lucero) 49 Cal.3d 14 (1989); and City of Vallejo v. Adult Books, 167 Cal.App.3d 1169(1985); and other federal cases including Mitchell v. Commission on Adult Entertainment Establishment (3rd Cir. 1993) 10 F.3d 123; Hang On, Inc. v. City of Arlington(5th Cir. 1995)65 F.3d 1248,Lakeland Lounge v. City of Jacksonville (5th Cir. 1992) 973 F.2d 1255,Star Satellite, Inc. v. City of Biloxi(5th Cir. 1986) 779 F.2d 1074;Matney v. County of Kenosha (7th Cir. 1996) 86 F.3d 692; International Eateries of America, Inc. v. Broward County (1 lth Cir. 1991)941 F.2d 1157; U.S v. Thevis, 665 F2d 618 (1982);Kev, Inc. v. Kitsap County (9th Cir. 1986) 793 F.2d 1053; and Colacurcio v. City of Kent, 1998 WL 848036 (9th Cir.); i , W The City Council finds that these studies and decisions (hereinafter "Studies") are, in whole or in part, relevant to the problems addressed by the City of Palm Desert in enacting this RMPUBTWM4364 -2- Ordinance No. 905 • ordinance to reaffirm and strengthen the regulation of the adverse secondary effects of Adult Entertainment Establishments, and more specifically finds that these Studies provide convincing evidence that: 1. Adult Entertainment Establishments are linked to and associated with increases in crime rates in those areas in which they are located and in surrounding areas. 2. Both the proximity of Adult Entertainment Establishments to sensitive land uses and the concentration of Adult Entertainment Establishments tend to result in the blighting and deterioration of the areas next to which, and near which, they are located. 3. There is substantial evidence that an increase in crime tends to accompany, concentrate around, and be aggravated by Adult Entertainment Establishments, including but not limited to an increase in the crimes of narcotics distribution and use, prostitution, pandering, and violence against persons and property. The studies from other cities establish convincing evidence that Adult Entertainment Establishments which are not regulated as to permissible locations often have a deleterious effect on nearby businesses and residential areas, causing, among other adverse secondary effects, an increase in crime and a decrease in property values. 4. Based on the forgoing, the City Council finds and determines that special regulation of Adult Entertainment Establishments is necessary to ensure that their adverse secondary effects will not cause or contribute to an increase in crime rates or the blighting or deterioration of the areas in which they are located or surrounding areas. Adult Entertainment Establishments, for example, attract an undue number of transients and thus cause nearby residents and businesses to relocate. The need for such special regulations is based upon the recognition that Adult Entertainment Establishments not only cause adverse secondary effects but have seriously objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances or located in direct proximity to sensitive uses thereby having a deleterious effect upon an adjacent area. It is the purpose and the intent of these regulations to prevent or mitigate such adverse secondary effects which may be caused by Adult Entertainment Establishments. C. The location] requirements established by this Chapter do not unreasonably restrict the establishment or operation of constitutionally protected Adult Entertainment Establishments in the City of Palm Desert. A sufficient and reasonable number of appropriate locations for the operation of Adult Entertainment Establishments will remain available after the enactment of this Chapter. D. In developing this Chapter, the City Council has been mindful of legal principles relating to the regulation of Adult Entertainment Establishments and does not intend to suppress or infringe upon any expressive activities protected by the First Amendment of the United States Constitution or by Article 1, Section 2 of the California Constitution, but instead desires to enact reasonable time, place, and manner regulations that address the adverse secondary effects of Adult Entertainment Establishments. w.WuBaW1M364 -3- Ordinance No. 905 E. The City Council also finds that locational criteria alone do not adequately protect the health, safety and general welfare of the citizens of the City of Palm Desert, and thus certain requirements with respect to the ownership and operation of Adult Entertainment Establishments are in the public interest. In addition to the findings and Studies conducted in other cities regarding increases in crime rates, decreases in property values, and the blighting of areas in which such businesses are located, the City Council also takes legislative notice of the facts recited in the cases of Kev, Inc., v. Kitsap County (9th Cir. 1986) 793 F.2d 1053 and Colacurcio v. City of Kent, 1998 WL 848036 (9th Cir.), regarding how live adult entertainment results in adverse secondary effects such as prostitution, drug dealing, and other law enforcement problems- F. Zoning, permitting, licensing, and other police power regulations are legitimate, reasonable means of accountability to help protect the quality of life in the City of Palm Desert and to help assure that Owners, Operators and Performers of Adult Entertainment Establishments comply with reasonable regulations and are located in places that minimize the adverse secondary effects which naturally accompany the operation of such businesses. G. The City Council recognizes the possible harmful effects on children and minors exposed to the secondary effects of such Adult Entertainment Establishments and the deterioration of respect for family values, and the need and desire of children and minors to stay away from and avoid such businesses, which causes children to be fearful and cautious when walking through or visiting the immediate neighborhood of such businesses. The City Council desires to minimize and control the adverse secondary effects associated with the operation of Adult Entertainment Establishments and thereby protect the health, safety, and welfare of the citizens of Palm Desert; and in particular the health, safety and welfare of children and minors in the City; protect the citizens from increased crime; preserve their quality of life; preserve property values and the character of surrounding neighborhoods and businesses; deter the spread of urban blight and protect against the threat to health from the spread of communicable and sexually transmitted diseases. H. Nothing in this Ordinance is intended to authorize, legalize, or permit the establishment, operation, or maintenance of any business, building, or use which violates any applicable City ordinance or any statute of the State of California relating to public nuisances, unlawful or indecent exposure, sexual conduct, lewdness, obscene or harmful matter, or the exhibition or public display thereof. I. The City Council finds the following in part, based upon its understanding of the judicial decisions and the reports, Studies and other documents in the public record. I. Evidence indicates that some dancers, models, entertainers, and other persons, who publicly perform Specified Sexual Activities or publicly display Specified Anatomical Areas in Adult Entertainment Establishments, as those terms are defined herein, have been found to engage in sexual activities with Patrons of Adult Entertainment Establishments on the site of the Adult Entertainment Establishments; RheUB\RW4364 -4- Ot�dinance No. 905 2. Evidence indicates that the existence of Adult Entertainment Establishments which permit nudity has been shown in some cities such as Newport Beach and Anaheim, California, to increase the secondary effects of crime and decreased property values. 3. Evidence has demonstrated that entertainers employed by Adult Entertainment Establishments have been found to offer and provide private shows to patrons who, for a price, are permitted to observe and participate with the entertainers in live sex shows; 4. Evidence indicates that entertainers at Adult Entertainment Establishments have been found to engage in acts of prostitution with patrons of the-establishment; and 5. Evidence indicates that fully enclosed booths, individual viewing areas, and other small rooms whose interiors cannot be seen from public areas of the Adult Entertainment Establishments regularly have been found to be used as locations for engaging in unlawful sexual activity, 6. As a result of the above, and the increase in the incidence of AIDS and Hepatitis B, which are both sexually transmitted diseases, the City Council has a substantial interest in adopting regulations which will reduce to the greatest extent possible, the possibility for the occurrence of casual sex acts at Adult Entertainment Establishments. I In regulating nudity and semi-nudity in Adult Entertainment Establishments, the City Council does not intend to proscribe the communication of erotic messages or any other communicative element or activity, but rather only to regulate such nudity due to the adverse secondary effects associated therewith; and K. The City Council also finds, as a wholly independent basis, that it has a substantial public interest in preserving societal order and morality, and that such interest is furthered by the regulation of nudity; and L. While the City Council desires to protect the rights conferred by the United States and California Constitutions on Adult Entertainment Establishments, it does so in a manner that ensures the continued and orderly development of property within the City and diminishes, to the greatest extent feasible, those undesirable secondary adverse effects which the Studies have shown to be associated with the development and operation of Adult Entertainment Establishments; and M. The City Council finds that preventing the direct exchange of money between entertainers and patrons also reduces the likelihood of drug and sexual transactions occurring in Adult Entertainment Establishments; and N. Requiring a ten foot separation between entertainers and patrons reduces the likelihood that such persons will negotiate narcotics sales or negotiate for the purpose of engaging in sexual activities or obtaining sexual favors within the Adult Entertainment Establishments; and RKOUB\RWM4364 5- ordinance No. 905 O. Enclosed or concealed booths and dimly-lit areas within Adult Entertainment Establishments greatly increase the potential for misuse of the premises, including unlawful conduct of a type which facilitates transmission of disease. Requirements that all indoor areas be open to view by management at all times, and that adequate lighting be provided are necessary in order to reduce the opportunity for, and therefore the incidence of illegal conduct within Adult Entertainment Establishments, and to facilitate the inspection of the interior of the premises thereof by law enforcement personnel. SECTION 2 AMENDMENT OF CODE Section 5.88.015 is hereby added to Chapter 5.88 to read as follows: "Section 5.88.015 Suspension of permit requirement. Due to the current uncertainty with respect to the enforceability of prior permits for adult entertainers and establishments, the sections of this chapter that require and enforce permit requirements (i.e., Sections 5.88.030, 5.88.090, 5.88.100, 5.88.110, 5.88.120, 5.88.125, 5.88.130, 5.88.180 and 5.88.190), shall be suspended until such time as the City Council determines that those sections may be properly enforced. To the extent that the remaining sections of this chapter refer to a permit or permit holder, that reference shall be construed to refer to the Registration Certificate required by Chapter 5.89 and to the holder of that Certificate." SECTION 3 AMENDMENT OF CODE Chapter 5.89 is hereby added to Title 5 of the Palm Desert Municipal Code to read as follows: "Chapter 5.89 REGISTRATION OF ADULT ENTERTAINMENT ESTABLISHMENTS AND ADULT ENTERTAINERS. Sections: 5.89.010 Purpose. 5.89.020 Definitions. 5.89.030 Registration of adult entertainment establishments. 5.89.040 Registration of adult entertainers. 5.89.050 Prohibition of ownership, management, or entertainment by persons recently convicted of sexually-related offenses. 5.89.060 Issuance of registration certificates. 5.89.010. Purpose. The purpose of this chapter is to facilitate regulation of Adult Entertainment Establishments and Adult Entertainers pending resolution of issues regarding the prior-permitting of those establishments and entertainers raised in Baby Tam & Co., Inc. v. City of Las Vegas, 154 F.3d 1097 RhInM1RWM436e -6- orUinauce No. 905 (9th Cir. 1998). The intention of the registration requirement is to provide enforcement agencies sufficient information to assist them in ensuring that criminal elements do not infiltrate such establishments,that minors are not employed in such establishments, and that the establishments will comply with zoning and operational standards imposed by this Code. Section 5.89.020. Definitions. "Adult Entertainment Establishment" and"Adult Entertainer" shall be defined as in Section 5.88,020. Section 5.89.030. Registration of adult entertainment establishments. A. Any person, association, partnership or corporation desiring to obtain a business license tax certificate for an Adult Entertainment Establishment shall make an application, under oath, to the city manager on a form provided by city manager showing: 1. The name, current permanent residential address and telephone number of the applicant; 2. The business name, proposed business address of the adult entertainment establishment and its telephone number. a. If the applicant is a corporation, the name shall be exactly as set forth in its articles of incorporation and it shall provide a copy of its articles of incorporation. The applicant shall show the name and residence address of each of the officers, directors and each stockholder owning not less than ten percent of the stock of the corporation and the address of the corporation itself, if different than the address of the Adult Entertainment Establishment. The applicant shall show that the corporation is in good standing under the laws of California. b. If the applicant is a partnership, the application shall show the name and residence address of each of the partners, including limited partners and the address of the partnership itself, if different than the address of the adult entertainment establishment; 3. The name and permanent address of the owner of the property upon which the applicant intends to locate the Adult Entertainment Establishment; 4. In the event the applicant is not the owner of record of the real property upon which the Adult Entertainment Establishment is or will be located, the application must be accompanied by a notarized statement from the owner of record of the real property acknowledging that an adult entertainment establishment is or will be located on the property. In addition, the applicant must furnish a copy of the lease or rental agreement pertaining to the premises in which the Adult Entertainment Establishment will be located, 5. The date, hours and location where the adult entertainment establishment is proposed to be conducted, and the admission fee, if any, to be charged; xIAPueviwawsca '�' ordinance No. 905 1 . 6. The name(s) of person(s) having the management or supervision of the applicant's business; 7. Whether or not the applicant has ever had any similar license or permit revoked or suspended, or has had any professional or vocational license or permit revoked or suspended, and the reasons therefor, and the business activity or occupation subsequent to such action of suspension or revocation. If the applicant is a corporation, this requirement applies to each of the officers, directors and/or stockholders owning not less than ten percent of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners; 8. Driver's license or other acceptable identification and social security number of the applicant. If the applicant is a corporation, this requirement applies to each of the officers, directors and/or stockholders owning not less than ten percent of the stock of the corporation. If the applicant is a partnership,this requirement applies to each of the partners, including limited partners; 9. Acceptable written proof that the applicant is at least eighteen years of age. If the applicant is a corporation, this requirement applies to each of the officers, directors and/or stockholders owning not less than ten percent of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners; 10. The height, weight, color of eyes, color of hair and date of birth of the applicant. If the applicant is a corporation, this requirement applies to each of the officers, directors and/or stockholders owning not less than ten percent of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners; 11. The business, occupation or employment history of the applicant for the last five-year period immediately preceding the date of filing of the application. If the applicant is a corporation, this requirement applies to each of the officers, directors and/or stockholders owning not less than ten percent of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners; 12. Each residence and business address of the applicant for the five-year period immediately preceding the date of the filing of the application. If the applicant is a corporation, this requirement applies to each of the officers, directors and/or stockholders owning not less than ten percent of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners; 13. One front-face portrait photograph of the applicant at least two inches by two inches and a complete set of applicant's fingerprints which shall be taken by the city police. If the applicant is a corporation, one front-face portrait photograph at least two inches by two inches of all officers directors and stockholders owning not less than ten percent of the stock of the corporation and a complete set of the same officers', directors' and stockholders' fingerprints which shall be taken by the city police. If the applicant is a partnership, one front-face portrait photograph at least two inches by two inches in size of each partner, including limited partners in the partnership, and a complete set be taken by the city police; RMPUB\RWFA4364 -8- 6iedinanca No. 905 14. A detailed description of the proposed entertainment, including type of entertainment, number of persons engaged in the entertainment and any further information about the entertainment or entertainers, as the city manager may deem necessary; 15. The name and address of any other adult entertainment establishment owned or operated by any person whose name is required to be given in subsection (A)(1) or (2) of this section; 16. A description of any other business to be operated on the same premises or on adjoining premises owned or controlled by the applicant. If the applicant is a corporation, this requirement applies to each of the officers, directors and/or stockholders owning not less than ten percent of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners; 17. Authorization for the city, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the permit; 18. Such other identification and information necessary to discover the truth of the matters required to be set forth in the application; 19. Applicant must furnish for any person whose name is required to be given in subsection(A)(6)of this section the information requested by subsection (A)(1), (9), (10), (11), (12), (13), (14), (15), (16), and (18); 20. Whether the applicant or any other individuals required to be listed on the application has within that two- or a five-year period as specified in Section 5.89.050 immediately preceding the date of the application, been convicted of a specified criminal, and, if so, the specified criminal act involved, the date of conviction and the place of conviction; 21. A sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared,but it must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches; 22. A current certificate and straight-line drawing prepared within thirty days prior to application by a California registered land surveyor depicting the property lines of the proposed adult entertainment establishment and any uses, zones or districts, for which distance standards are in effect pursuant to section 25.110.010. B. The holder of the Registration Certificate for an Adult Entertainment Establishment shall notify the city's code compliance department of each change in any of the data required to be furnished by this section.within thirty days after such change occurs." xnOuBNR V1 436e 9 Ordinance No. 905 Section 5.89.040. Registration of adult entertainers. A. Any person desirous of being engaged as an adult entertainer must first register pursuant to this section. Application shall be made to the City Manager. B. An application for adult entertainment registration certificate shall include the following: 1. Name, including all names, nicknames and aliases by which the applicant has been known; and residence addresses for the last three years; 2. Social security number, driver's license number, if any, and date of birth; 3. Applicant's weight, height, color of hair and eyes, and sex; 4. Written evidence that the applicant is at least eighteen years of age; 5. Fingerprints of the applicant by the police department; 6. Two front-faced portrait photographs taken within thirty days of the date of application and at least two inches by two inches in size; 7. Whether the applicant has within the two- or five-year period as specified in Section 5.89.050 immediately preceding the date of the application, been convicted of a specified criminal act and, if so, the specified criminal act involved, the date of conviction and the place of conviction. 8. Authorization for the city, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application-, 9. Written declaration by the applicant, under penalty of perjury, that the foregoing information contained in the application is true and correct, said declaration being duly dated and signed in the city. (Ord. 770 § 2 (part), 1995)." Section 5.89.050. Prohibition of ownership, management, or entertainment by persons recently convicted of sexually-related offenses. A. "Specified criminal acts" with respect to this chapter means acts which are sexual crimes against children, sexual abuse, rape, or crimes connected with Adult Entertainment Establishments including, but not limited to the distribution of obscenity or material harmful to minors, prostitution or pandering. B. No Adult Entertainment Establishment shall operate within the city, nor shall an Adult Entertainer perform within the city, if any person required to be listed on an application pursuant to Sections 5.89.030 or 5.89.040 has been convicted of a"specified criminal act" for which: RMPLIMM i 4364 -10- Ordinance No. 905 1. Less than two years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a misdemeanor offense for the specified criminal acts; 2. Less than five years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a felony offense, for a specified criminal act; 3. Less than five years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the convictions are of two or more misdemeanors for the specified criminal act occurring within any 24-month period; 4. The fact that a conviction is being appealed shall have no effect on disqualification of the applicant; Section 5.89.060. Issuance of registration certificates. Upon receipt of an application under Section 5.89.030 or 5,89.040, the city manager or his designee shall determine, within two business days, if the information provided is complete. If the information is complete, the city manager shall issue a "registration certificate" indicating that the applicant has complied with the requirements of this chapter. If the information is not complete, the city manager shall provide written notice to the applicant of the reasons for the determination that the application is incomplete." SECTION 4 AMENDMENT OF CODE Section 5.88.240 ("Regulations Not Applicable to Theaters, Concert Halls or Similar Establishments") is hereby deleted in its entirety. SECTION 5 AMENDMENT OF CODE Section 5.88.070 of the Palm Desert Municipal Code shall be amended to add the following: "J. All indoor areas of the adult entertainment establishment within which patrons are permitted, except restrooms, shall be open to view by the management at all times. K. All areas of the adult entertainment establishment which are accessible to the public shall be illuminated at a minimum of the following foot candles, minimally maintained and evenly distributed at ground level: R APWRY/M4364 -11- Ordinance No. 905 " Area Foot-Candles Bookstores and other retail establishments 20 Theaters and cabarets 5 (except during performances, at which time lighting shall be at least 1.25 foot-candles) Arcades 10 Motels/Hotels 20 (in public areas) Modeling Studios 20 L. Patrons and employees shall not use the same restrooms. The adult entertainment establishment shall provide and maintain separate restroom facilities for male patrons and employees, on the one hand, and female patrons and employees, on the other. Male patrons and employees shall be prohibited from entering any restroom for females, and female patrons and employees shall be prohibited from entering any restroom for males, except when an employee carries out duties of repair, maintenance or cleaning of the restroom facilities. All restrooms shall be free from any adult entertainment materials. No restroom shall contain television monitors or other motion picture or video projection, computers, recording or reproduction equipment. The foregoing provisions of this paragraph shall not apply to a adult entertainment establishment which deals exclusively with sale or rental of adult entertainment materials which are not used or consumed on the premises, such as an adult bookstore, or adult video store, and which does not provide restroom facilities to its patrons or the general public. M. The following additional requirements shall pertain to adult entertainment establishments which provide live performances in adult cabarets or adult theaters: I. No person shall perform live entertainment for patrons of a adult entertainment establishment except upon a stage at least two feet above the level of the floor which is separated by a distance of at least ten feet from the nearest area occupied by patrons, and no patron shall be permitted within ten feet of the stage while the stage is occupied by an adult entertainer. 2. The adult entertainment establishment shall provide separate dressing room facilities for adult entertainers which are exclusively dedicated to the adult entertainers' use. No public access will be permitted to any dressing room facility. I The adult entertainment establishment shall provide an entrance and exit for adult entertainers which is separate from the entrance and exit used by patrons. 4. The adult entertainment establishment shall provide access for adult entertainers between the stage and the dressing rooms which is completely separated from the Patrons. If such separate access is not physically feasible, the adult entertainment establishment shall RMPU6u2 WM4364 -12- OrWnanca No. 905 provide a minimum three foot wide walk aisle for entertainers between the dressing room area and the stage, with a railing, fence or other barrier separating the adult entertainers and the entertainers capable of, and which actually results in, preventing any physical contact between patrons and adult entertainers. 5. No adult entertainer, either before, during or after performances, shall have any physical contact with any patron and no patron shall have physical contact with any entertainer either before, during or after performances by such adult entertainer. This subsection shall only apply to physical contact on the premises of the adult entertainment establishment. 6. Fixed rails at least 30 inches in height shall be maintained establishing the separations between adult entertainers and patrons required by this section. 7. No patron shall directly pay or give any gratuity to any adult entertainer and no adult entertainer shall accept any pay or gratuity directly from any patron. Gratuities may be placed in or on receptacles located at least six (6) feet from adult entertainers. N. No operator, owner or other person with managerial control over an adult entertainment establishment shall permit any person on the premises of an adult entertainment establishment to engage in a live showing of any specified anatomical areas. This provision may not be complied with by applying an opaque covering simulating the appearance of the specified anatomical areas required to be covered. O. No adult entertainment establishment entertainer on the premises of an adult entertainment establishment shall engage in a live showing of any specified anatomical areas. This provision may not be complied with by applying an opaque covering simulating the appearance of the specified anatomical areas required to be covered. P. An adult entertainment establishment shall employ security guards if it is determined by the Chief of Police that their presence is necessary in order to maintain public peace and safety and to prevent any illegal activity from occurring on the premises. Q. The adult entertainment establishment shall not conduct any massage, acupuncture, body wrapping, tattooing, accupressure, fortune-telling or escort services on the premises. R. The adult entertainment establishment shall provide a security system that visually records and monitors all parking lot areas, at all times that the business is open or occupied for business. S. Views of parking areas and doorways of adult entertainment establishments shall be unobstructed so as to allow visibility of these areas from the public right-of-ways." SECTION 6 AMENDMENT OF CODE RM nJMRW i\436a -13- Ordinance No. 905 Sections 5.88.040("Location")and 5.88.060("Amortization of Non-Conforming Uses") are deleted in their entirety. SECTION 7 AMENDMENT OF CODE Section 25.34.020(M) ("Permitted Uses" within Service Industrial Districts) is hereby amended to read as follows: "M. Adult entertainment establishments as permitted by Chapter 5.88 subject to compliance of the specific use with the locational requirements of Chanter 25 110 and parking requirements of Chapter 25.58 of this code (i.e., adult bookstore shall comply with parking required for a bookstore in the general commercial C-1 zone). A parking requirement modification shall be available to businesses which operate only between the hours of five p.m. and five a.m. subject to it being determined by the zoning administrator that there is adequate off-street parking available." SECTION 8 AMENDMENT OF CODE Chapter 25.110 is added to the Palm Desert Municipal Code to read as follows: "LOCATION AND AMORTIZATION OF ADULT ENTERTAINMENT ESTABLISHMENTS Section 25.110.010 Location. A. No adult entertainment establishment shall be established in the following locations: 1. In any zone other than the SI (service industrial zone)generally located in the area of Cook Street and Hovley Lane; 2. Within five hundred (500) feet of any residential zone or district. 3. Within two hundred (200) feet of any other zone or district except P (Public/Institutional District) which District shall have no separation requirement. 4. Within five hundred (500)feet of any parcel of real property in which is located any of the following uses or facilities; a. Church, existing as of January 1, 1999, defined in this chapter as any facilities used primarily for worship of any religion, or used for other religious purposes. b. Schools, defined in this chapter as institutions for teaching or caring for minor children(e.g., child care facilities, preschools, day schools, elementary schools, secondary schools, high schools). PNVUBawtM3U -14- ordipance No. 905 The aforesaid institutions may be funded and/or operated either by governmental public authorities or by private organizations. C. Public park or recreational facility which means public land which has been designated for park or recreational activities, including but not limited to, a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, open space, wilderness areas or similar public land within the city which is under the control, operation or management of the city park and recreation authorities; 5. On any parcel which fronts on an arterial street. 6. Within five hundred feet of any other adult entertainment establishment; B. The measure of reference distance in this section shall be a straight line from the nearest property line containing the adult entertainment establishment to the nearest property line of an affected use, without regard to intervening structures. C. If an adult entertainment bureau is to serve as a referral service only and no other type of adult entertainment business is conducted on the premises, the bureau shall not be subject to the location requirements of this section, but shall otherwise comply with city requirements with respect to the location of service establishments. Section 5.110.020. Amortization of Nonconforming Uses. The other provisions of this Title 25 dealing with nonconforming uses shall not be applicable to adult entertainment establishments. Instead, the following amortization schedule shall apply to all adult entertainment establishments which do not conform to the terms of this chapter but otherwise are legally existing on the effective date of the action that renders the use nonconforming. A. For an adult entertainment establishment legally existing in the city for a period of no less than six months preceding the effective date of the action: one hundred twenty days; B. For an adult entertainment establishment legally existing within the city for a period of no less than three months preceding the effective date of the action: ninety days. C. For an adult entertainment establishment legally existing within the City for any period up to three months preceding the effective date of the action: sixty days." SECTION 9 SEVERABELITY If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The City Council hereby determines that it would have RWUBIRW7i\4364 -15- Ordinance No. 905 passed each sentence, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective. SECTION 10 CEQA COMPLIANCE Pursuant to state and local environmental regulations, it has been determined that the regulations encompassed in this ordinance are not considered to have a significant impact on the environment. The proposed action is further deemed to be classified as a Categorically Exemption pursuant to state and City environmental regulation. PASSED, APPROVED AND ADOPTED this 25th day of February , 19 99 by the City Council of the City of Palm Desert, California, by the following vote, to wit: AYES; Benson, Crites, Ferguson, Kelly, Spiegel NOES: None ABSENT: None ABSTAIN: None ROBERT A. SPIE L, yor City of Palm Desert, California ATTEST: XS liEILA R.AfLLIGAN/ ity Clerk City of Palm Desert, C li ornia RMPIIB\R WHws6e -16- CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT I. TO: Honorable Mayor and City Council II. REQUEST: Consideration of approval of an amendment to Chapter 5.88 and Section 25.34.020 (M) and to add Chapter 25.110 of the Palm Desert Municipal Code regarding the location of Adult Entertainment Establishments. III. APPLICANT: City of Palm Desert IV. CASE NO: ZOA 98-7 V. DATE: February 11 , 1999 continued from January 28, 1999 VI. CONTENTS: A. Staff Recommendation B. Discussion C. Draft Ordinance No. 905 D. Planning Commission Minutes involving Case No. ZOA 98-7 E. Planning Commission Resolution No. 1911 F. Planning Commission Staff Reports dated December 1 , 1998, December 15, 1998 and January 5, 1999 G. Related maps and/or exhibits ---------------------------------------------------------------------------------------------------------------------------------- A. STAFF RECOMMENDATION: Waive further reading and pass Ordinance No. 905 to second reading. B. DISCUSSION: 1 . BACKGROUND: This matter was presented at the city council meeting of January 28, 1999. At that time the matter was continued and staff was directed to amend the draft ordinance to delete the potential sites in the Washington Street/Country Club Drive industrial area. This has been DATE____I FD 2ND READING a ' �� STAFF REPORT CASE NO. ZOA 98-7 FEBRUARY 11, 1999 2. - ANALYSIS: Adult entertainment establishments will be limited to the Cook Street/Hovley Lane industrial area subject to the locational criteria specified in Section 8, page 14, of the draft ordinance as follows: 1 . 500 feet from all residential districts 2. 200-foot buffer from other zone categories except "public" 3. One parcel buffer from arterial streets 4. 500-foot buffer from existing churches 5. 500-foot buffer from schools, etc., serving minor children 6. 500-foot buffer from a public park 7. 500-foot buffer from any other adult entertainment establishment 8. All signs for any adult entertainment establishment may not be located within any required buffer area Prepared by: ve Smith Reviewed and Approved by: Philip Drell /tm 2 t CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT I. TO: Honorable Mayor and City Council II. REQUEST: Consideration of approval of an amendment to Chapter 5.88 and Section 25.34.020 (M) and to add Chapter 25.110 of the Palm Desert Municipal Code regarding the location of Adult Entertainment Establishments. III. APPLICANT: City of Palm Desert IV. CASE NO: ZOA 98-7 V. DATE: February 11, 1999 continued from January 28, 1999 VI. CONTENTS: A. Staff Recommendation B. Discussion C. Draft Ordinance No. 905 D. Planning Commission Minutes involving Case No. ZOA 98-7 E. Planning Commission Resolution No. 1911 F. Planning Commission .Staff Reports dated December 1 , 1998, December 15, 1998 and January 5, 1999 G. Related maps and/or exhibits ---------------------------------------------------------------------------------------------------------------------------------- A. STAFF RECOMMENDATION: Waive further reading and pass Ordinance No. 905 to second reading. B. DISCUSSION: 1 . BACKGROUND: This matter was presented at the city council meeting of January 28, 1999. At that time the matter was continued and staff was directed to amend the draft ordinance to delete the potential sites in the Washington Street/Country Club Drive industrial area. This has been done. STAFF REPORT CASE NO. ZOA 98-7 FEBRUARY 11, 1999 2. ANALYSIS: Adult entertainment establishments will be limited to the Cook Street/Hovley Lane industrial area subject to the locational criteria specified in Section 8, page 14, of the draft ordinance as follows: 1 . 500 feet from all residential districts 2. 200-foot buffer from other zone categories except "public" 3. One parcel buffer from arterial streets 4. 500-foot buffer from existing churches 5. 500-foot buffer from schools, etc., serving minor children 6. 500-foot buffer from a public park 7. 500-foot buffer from any other adult entertainment establishment 8. All signs for any adult entertainment establishment may not be located within any required buffer area Prepared by: ve Smith Reviewed and Approved by: Philip Drell Am 2 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 5.88, ADDING CHAPTER 5.89, AND ADDING CHAPTER 25.110 OF THE PALM DESERT MUNICIPAL CODE REGARDING REGULATION OF ADULT ENTERTAINMENT ESTABLISHMENTS AND ADULT ENTERTAINERS. WHEREAS, Adult Entertainment Establishments require special supervision from the public safety agencies of the City in order to protect and preserve the health, safety, morals and welfare of the Patrons of such businesses as well as the citizens of the City; and WHEREAS, Adult Entertainment Establishments are frequently used for unlawful sexual activities, including prostitution and sexual liaisons of a casual nature, and WHEREAS, the concern over sexually transmitted diseases is a legitimate health concern of the City which demands reasonable regulation of Adult Entertainment Establishments in order to protect the health and well-being of the citizens; and WHEREAS, registration and permitting are legitimate and reasonable means of accountability to ensure that operators of Adult Entertainment Establishments comply with reasonable regulations and to ensure that operators do not knowingly allow their establishments to be used as places of illegal sexual activity or solicitation, and WHEREAS, there is convincing documented evidence that Adult Entertainment Establishments, because of their very nature, have a deleterious effect on both the existing businesses around them and the surrounding residential areas adjacent to them, causing increased crime and the downgrading of property values; and WHEREAS, it is recognized that Adult Entertainment Establishments, due to their nature, have serious objectionable operational characteristics, particularly when they are located in close proximity to each other, thereby contributing to urban blight and downgrading the quality of life in the adjacent area; and WHEREAS, the City Council desires to minimize and control these adverse effects and thereby protect the health, safety, and welfare of the citizenry, protect the citizens from increased crime; preserve the quality of life, preserve the property values and character of surrounding neighborhoods and deter the spread of urban blight; and WHEREAS, it is not the intent of this ordinance to suppress any speech activities protected by the First Amendment, but to enact a content-neutral ordinance which addresses the adverse secondary effects of Adult Entertainment Establishments, and RWUB\RWM4364 -1- WHEREAS, it is not the intent of the City Council to condone or legitimize the distribution of obscene material, and the City Council recognizes that state and federal law prohibits the distribution of obscene materials and expects and encourages law enforcement officials to enforce State obscenity statutes against any such illegal activities in the City. In enacting this Chapter, the City Council neither supplants state obscenity legislation nor redefines the state standard for obscene live conduct; and WHEREAS,Baby Tam &Co., Inc. v. City of Las Vegas, 154 F.3d 1097 (9th Cir. 1998) casts doubt on the City's ability to enforce its current requirement for permits for Adult Entertainment Establishments and Adult Entertainers due to the possibility that California courts do not provide sufficiently prompt judicial review of permit decisions. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES ORDAIN AS FOLLOWS: SECTION 1 FINDINGS The City Council of the City of Palm Desert, California, hereby finds that: A. The City Council, in adopting this Chapter, takes legislative notice of the existence, content and findings of the following studies and cases concerning the existence and regulation of adverse secondary effects of Adult Entertainment Establishments in other cities: Phoenix, Arizona (1979); Garden Grove, California(1991),Los Angeles, California(1977);Whittier, California(1978); Indianapolis, Indiana (1984); Minneapolis, Minnesota (1980); Cleveland, Ohio (1977); Oklahoma City, Oklahoma (1986); Amarillo, Texas (1977), Austin, Texas (1986); Beaumont, Texas (1982); Houston, Texas(1983); Seattle, Washington (1989); Tucson, Arizona (1990); State of Minnesota, Attorney General Report (1989), Newport News, Virginia (1996); St. Paul, Minnesota (1987); Corpus Christi, Texas(1995);National Law Center (1995), Young v. American Mini Theaters, Inc., 427 U.S. 50 (1976); City of Renton v. Playtime Theaters, Inc., 47S U.S. 41 (198fi);FW/PBS, Inc. v. City of Dallas, 493 U.S. 215 (1990); and Barnes v. Glen Theater, Inc., 501 U.S. 560 (1991); United States Court of Appeals 9th Circuit decisions, including but not limited to Topanga Press, Inc. v. City of Los Angeles, 989 F.2d 1S24(1993); and Spokane Arcade, Inc., v. City of Spokane, 75 F.3d 663 (1996); several California cases, including but not limited to City of National City v. Weiner, 3 Cal.4th 832 (1993);People v. Superior Court, (Lucero) 49 Cal.3d 14 (1989); and City of Vallejo v. Adult Books, 167 Cal.App.3d 1169 (1985), and other federal cases including Mitchell v. Commission on Adult Entertainment Establishment (3rd Cir. 1993) 10 F.3d 123; Hang On, Inc. v. City of Arlington(5th Cir. 1995)65 F.3d 1248,Lakeland Lounge v. City of Jacksonville (5th Cir. 1992) 973 F.2d 1255; Star Satellite, Inc. v. City of Biloxi (5th Cir. 1986) 779 F.2d 1074,Matney v. County of Kenosha (7th Cir. 1996) 86 F.3d 692' International Eateries ofAmerica, Inc. v. Broward County (I Ith Cir. 1991)941 F.2d 1157; U.S. v. Thevis, 665 F.2d 618(1982);Kev, Inc. v. Kilsop County(9th Cir. 1986) 793 F.2d 1053; and Colacurcio v. City of Kent, 1998 WL 848036 (9th Cir.); B. The City Council finds that these studies and decisions (hereinafter "Studies") are, in whole or in part, relevant to the problems addressed by the City of Palm Desert in enacting this RMPUMR WM4364 -2- ordinance to reaffirm and strengthen the regulation of the adverse secondary effects of Adult Entertainment Establishments, and more specifically finds that these Studies provide convincing evidence that: 1. Adult Entertainment Establishments are linked to and associated with increases in crime rates in those areas in which they are located and in surrounding areas. 2. Both the proximity of Adult Entertainment Establishments to sensitive land uses and the concentration of Adult Entertainment Establishments tend to result in the blighting and deterioration of the areas next to which, and near which, they are located. 3. There is substantial evidence that an increase in crime tends to accompany, concentrate around, and be aggravated by Adult Entertainment Establishments, including but not limited to an increase in the crimes of narcotics distribution and use, prostitution, pandering, and violence against persons and property. The studies from other cities establish convincing evidence that Adult Entertainment Establishments which are not regulated as to permissible locations often have a deleterious effect on nearby businesses and residential areas, causing, among other adverse secondary effects, an increase in crime and a decrease in property values. 4. Based on the forgoing, the City Council finds and determines that special regulation of Adult Entertainment Establishments is necessary to ensure that their adverse secondary effects will not cause or contribute to an increase in crime rates or the blighting or deterioration of the areas in which they are located or surrounding areas. Adult Entertainment Establishments, for example, attract an undue number of transients and thus cause nearby residents and businesses to relocate. The need for such special regulations is based upon the recognition that Adult Entertainment Establishments not only cause adverse secondary effects but have seriously objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances or located in direct proximity to sensitive uses thereby having a deleterious effect upon an adjacent area. It is the purpose and the intent of these regulations to prevent or mitigate such adverse secondary effects which may be caused by Adult Entertainment Establishments. C. The locational requirements established by this Chapter do not unreasonably restrict the establishment or operation of constitutionally protected Adult Entertainment Establishments in the City of Palm Desert. A sufficient and reasonable number of appropriate locations for the operation of Adult Entertainment Establishments will remain available after the enactment of this Chapter. D. In developing this Chapter, the City Council has been mindful of legal principles relating to the regulation of Adult Entertainment Establishments and does not intend to suppress or infringe upon any expressive activities protected by the First Amendment of the United States Constitution or by Article 1, Section 2 of the California Constitution, but instead desires to enact reasonable time, place, and manner.regulations that address the adverse secondary effects of Adult Entertainment Establishments. RMPUB\RWH 4364 -3- E. The City Council also finds that locational criteria alone do not adequately protect the health, safety and general welfare of the citizens of the City of Palm Desert, and thus certain requirements with respect to the ownership and operation of Adult Entertainment Establishments are in the public interest. In addition to the findings and Studies conducted in other cities regarding increases in crime rates, decreases in property values, and the blighting of areas in which such businesses are located, the City Council also takes legislative notice of the facts recited in the cases ofKev, Inc., v. Kitsap County (9th Cir. 1986) 793 F.2d 1053 and Colacurcio v. City of Kent, 1998 WL 848036 (9th Cir.), regarding how live adult entertainment results in adverse secondary effects such as prostitution, drug dealing, and other law enforcement problems. F. Zoning, permitting, licensing, and other police power regulations are legitimate, reasonable means of accountability to help protect the quality of life in the City of Palm Desert and to help assure that Owners, Operators and Performers of Adult Entertainment Establishments comply with reasonable regulations and are located in places that minimize the adverse secondary effects which naturally accompany the operation of such businesses. G. The City Council recognizes the possible harmful effects on children and minors exposed to the secondary effects of such Adult Entertainment Establishments and the deterioration of respect for family values, and the need and desire of children and minors to stay away from and avoid such businesses, which causes children to be fearful and cautious when walking through or visiting the immediate neighborhood of such businesses. The City Council desires to minimize and control the adverse secondary effects associated with the operation of Adult Entertainment Establishments and thereby protect the health, safety, and welfare of the citizens of Palm Desert; and in particular the health, safety and welfare of children and minors in the City; protect the citizens from increased crime; preserve their quality of life; preserve property values and the character of surrounding neighborhoods and businesses, deter the spread of urban blight and protect against the threat to health from the spread of communicable and sexually transmitted diseases. H. Nothing in this Ordinance is intended to authorize, legalize, or permit the establishment, operation, or maintenance of any business, building, or use which violates any applicable City ordinance or any statute of the State of California relating to public nuisances, unlawful or indecent exposure, sexual conduct, lewdness, obscene or hamiful matter, or the exhibition or public display thereof. I. The City Council finds the following in part, based upon its understanding of the judicial decisions and the reports, Studies and other documents in the public record. 1. Evidence indicates that some dancers, models, entertainers, and other persons, who publicly perform Specified Sexual Activities or publicly display Specified Anatomical Areas in Adult Entertainment Establishments, as those terms are defined herein, have been found to engage in sexual activities with Patrons of Adult Entertainment Establishments on the site of the Adult Entertainment Establishments; RMPUB\R WNW364 -4- 2. Evidence indicates that the existence of Adult Entertainment Establishments which permit nudity has been shown in some cities such as Newport Beach and Anaheim, California, to increase the secondary effects of crime and decreased property values. 3. Evidence has demonstrated that entertainers employed by Adult Entertainment Establishments have been found to offer and provide private shows to patrons who, for a price, are permitted to observe and participate with the entertainers in live sex shows, 4. Evidence indicates that entertainers at Adult Entertainment Establishments have been found to engage in acts of prostitution with patrons of the establishment; and 5. Evidence indicates that fully enclosed booths, individual viewing areas, and other small rooms whose interiors cannot be seen from public areas of the Adult Entertainment Establishments regularly have been found to be used as locations for engaging in unlawful sexual activity; 6. As a result of the above, and the increase in the incidence of AIDS and Hepatitis B, which are both sexually transmitted diseases, the City Council has a substantial interest in adopting regulations which will reduce to the greatest extent possible, the possibility for the occurrence of casual sex acts at Adult Entertainment Establishments. J. In regulating nudity and semi-nudity in Adult Entertainment Establishments, the City Council does not intend to proscribe the communication of erotic messages or any other communicative element or activity, but rather only to regulate such nudity due to the adverse secondary effects associated therewith; and K. The City Council also finds, as a wholly independent basis, that it has a substantial public interest in preserving societal order and morality, and that such interest is furthered by the regulation of nudity, and L. While the City Council desires to protect the rights conferred by the United States and California Constitutions on Adult Entertainment Establishments, it does so in a manner that ensures the continued and orderly development of property within the City and diminishes, to the greatest extent feasible, those undesirable secondary adverse effects which the Studies have shown to be associated with the development and operation of Adult Entertainment Establishments, and M. The City Council finds that preventing the direct exchange of money between entertainers and patrons also reduces the likelihood of drug and sexual transactions occurring in Adult Entertainment Establishments; and N. Requiring a ten foot separation between entertainers and patrons reduces the likelihood that such persons will negotiate narcotics sales or negotiate for the purpose of engaging in sexual activities or obtaining sexual favors within the Adult Entertainment Establishments; and AN9'UMRWHW364 -5- O. Enclosed or concealed booths and dimly-lit areas within Adult Entertainment Establishments greatly increase the potential for misuse of the premises, including unlawful conduct of a type which facilitates transmission of disease. Requirements that all indoor areas be open to view by management at all times, and that adequate lighting be provided are necessary in order to reduce the opportunity for, and therefore the incidence of illegal conduct within Adult Entertainment Establishments, and to facilitate the inspection of the interior of the premises thereof by law enforcement personnel. SECTION 2 AMENDMENT OF CODE Section 5.88.015 is hereby added to Chapter 5.88 to read as follows: "Section 5.88.015 Suspension of permit requirement. Due to the current uncertainty with respect to the enforceability of prior permits for adult entertainers and establishments, the sections of this chapter that require and enforce permit requirements (i.e., Sections 5.88.030, 5.88.090, 5.88.100, 5.88.110, 5.88.120, 5.88.125, 5.88.130, 5.88.180 and 5.88.190), shall be suspended until such time as the City Council determines that those sections may be properly enforced. To the extent that the remaining sections of this chapter refer to a permit or permit holder, that reference shall be construed to refer to the Registration Certificate required by Chapter 5.89 and to the holder of that Certificate." SECTION 3 AMENDMENT OF CODE Chapter 5.89 is hereby added to Title 5 of the Palm Desert Municipal Code to read as follows: "Chapter 5.89 REGISTRATION OF ADULT ENTERTAINMENT ESTABLISHMENTS AND ADULT ENTERTAINERS. Sections: 5.89.010 Purpose. 5.89.020 Definitions. 5.89.030 Registration of adult entertainment establishments. 5.89.040 Registration of adult entertainers. 5.89.050 Prohibition of ownership, management, or entertainment by persons recently convicted of sexually-related offenses. 5.89.060 Issuance of registration certificates. 5.89.010. Purpose. The purpose of this chapter is to facilitate regulation of Adult Entertainment Establishments and Adult Entertainers pending resolution of issues regarding the prior-permitting of those establishments and entertainers raised in Baby Tam & Co., Inc. v. City of Las Vegas, 154 F.3d 1097 P_WUB\RV&B4364 -6- (9th Cir. 1998). The intention of the registration requirement is to provide enforcement agencies sufficient information to assist them in ensuring that criminal elements do not infiltrate such establishments, that minors are not employed in such establishments, and that the establishments will comply with zoning and operational standards imposed by this Code. Section 5.89.020. Definitions. "Adult Entertainment Establishment" and "Adult Entertainer" shall be defined as in Section 5.88.020. Section 5.89.030. Registration of adult entertainment establishments. A. Any person, association, partnership or corporation desiring to obtain a business license tax certificate for an Adult Entertainment Establishment shall make an application, under oath, to the city manager on a form provided by city manager showing: 1. The name, current permanent residential address and telephone number of the applicant; 2. The business name, proposed business address of the adult entertainment establishment and its telephone number. a. If the applicant is a corporation, the name shall be exactly as set forth in its articles of incorporation and it shall provide a copy of its articles of incorporation. The applicant shall show the name and residence address of each of the officers, directors and each stockholder owning not less than ten percent of the stock of the corporation and the address of the corporation itself, if different than the address of the Adult Entertainment Establishment. The applicant shall show that the corporation is in good standing under the laws of California. b. If the applicant is a partnership, the application shall show the name and residence address of each of the partners, including limited partners and the address of the partnership itself, if different than the address of the adult entertainment establishment; 3. The name and permanent address of the owner of the property upon which the applicant intends to locate the Adult Entertainment Establishment; 4. In the event the applicant is not the owner of record of the real property upon which the Adult Entertainment Establishment is or will be located, the application must be accompanied by a notarized statement from the owner of record of the real property acknowledging that an adult entertainment establishment is or will be located on the property. In addition, the applicant must furnish a copy of the lease or rental agreement pertaining to the premises in which the Adult Entertainment Establishment will be located; 5. The date, hours and location where the adult entertainment establishment is proposed to be conducted, and the admission fee, if any, to be charged; RWUB\RWI-n4364 -7- 6. The name(s) of person(s) having the management or supervision of the applicant's business; 7. Whether or not the applicant has ever had any similar license or permit revoked or suspended, or has had any professional or vocational license or permit revoked or suspended, and the reasons therefor, and the business activity or occupation subsequent to such action of suspension or revocation. If the applicant is a corporation, this requirement applies to each of the officers, directors and/or stockholders owning not less than ten percent of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners; 8. Driver's license or other acceptable identification and social security number of the applicant. If the applicant is a corporation, this requirement applies to each of the officers, directors and/or stockholders owning not less than ten percent of the stock of the corporation. If the applicant is a partnership,this requirement applies to each of the partners, including limited partners, 9. Acceptable written proof that the applicant is at least eighteen years of age. If the applicant is a corporation, this requirement applies to each of the officers, directors and/or stockholders owning not less than ten percent of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners, 10. The height, weight, color of eyes, color of hair and date of birth of the applicant. If the applicant is a corporation, this requirement applies to each of the officers, directors and/or stockholders owning not less than ten percent of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners; 11. The business, occupation or employment history of the applicant for the last five-year period immediately preceding the date of filing of the application. If the applicant is a corporation, this requirement applies to each of the officers, directors and/or stockholders owning not less than ten percent of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners; 12. Each residence and business address of the applicant for the five-year period immediately preceding the date of the filing of the application. If the applicant is a corporation, this requirement applies to each of the officers, directors and/or stockholders owning not less than ten percent of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners; 13. One front-face portrait photograph of the applicant at least two inches by two inches and a complete set of applicant's fingerprints which shall be taken by the city police. If the applicant is a corporation, one front-face portrait photograph at least two inches by two inches of all officers directors and stockholders owning not less than ten percent of the stock of the corporation and a complete set of the same officers', directors' and stockholders' fingerprints which shall be taken by the city police. If the applicant is a partnership, one front-face portrait photograph at least two inches by two inches in size of each partner, including limited partners in the partnership, and a complete set be taken by the city police; FJ%PUBViWHW36A -8- 14. A detailed description of the proposed entertainment, including type of entertainment, number of persons engaged in the entertainment and any further information about the entertainment or entertainers, as the city manager may deem necessary, 15. The name and address of any other adult entertainment establishment owned or operated by any person whose name is required to be given in subsection (A)(1) or (2) of this section; 16. A description of any other business to be operated on the same premises or on adjoining premises owned or controlled by the applicant. If the applicant is a corporation, this requirement applies to each of the officers, directors and/or stockholders owning not less than ten percent of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners; 17. Authorization for the city, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the permit; 18. Such other identification and information necessary to discover the truth of the matters required to be set forth in the application; 19. Applicant must furnish for any person whose name is required to be given in subsection(A)(6)of this section the information requested by subsection (A)(1), (9), (10), (11), (12), (13), (14), (15), (16), and (18); 20. Whether the applicant or any other individuals required to be listed on the application has within that two- or a five-year period as specified in Section 5.89.050 immediately preceding the date of the application, been convicted of a specified criminal, and, if so, the specified criminal act involved, the date of conviction and the place of conviction, 21. A sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared, but it must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches; 22. A current certificate and straight-line drawing prepared within thirty days prior to application by a California registered land surveyor depicting the property lines of the proposed adult entertainment establishment and any uses, zones or districts, for which distance standards are in effect pursuant to section 25.110.010. B. The holder of the Registration Certificate for an Adult Entertainment Establishment shall notify the city's code compliance department of each change in any of the data required to be furnished by this section within thirty days after such change occurs." FAVUBaWM4364 -9- Section 5.89.040. Registration of adult entertainers. A. Any person desirous of being engaged as an adult entertainer must first register pursuant to this section. Application shall be made to the City Manager. B. An application for adult entertainment registration certificate shall include the following: 1. Name, including all names, nicknames and aliases by which the applicant has been known; and residence addresses for the last three years; 2. Social security number, driver's license number, if any, and date of birth; 3. Applicant's weight, height, color of hair and eyes, and sex, 4. Written evidence that the applicant is at least eighteen years of age; 5. Fingerprints of the applicant by the police department, 6. Two front-faced portrait photographs taken within thirty days of the date of application and at least two inches by two inches in size, 7. Whether the applicant has within the two- or five-year period as specified in Section 5.89.050 immediately preceding the date of the application, been convicted of a specified criminal act and, if so, the specified criminal act involved, the date of conviction and the place of conviction. 8. Authorization for the city, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application; 9. Written declaration by the applicant, under penalty of perjury, that the foregoing information contained in the application is true and correct, said declaration being duly dated and signed in the city. (Ord. 770 § 2 (part), 1995)." Section 5.89.050. Prohibition of ownership, management, or entertainment by persons I � recently convicted of sexually-related offenses. A. "Specified criminal acts" with respect to this chapter means acts which are sexual crimes against children, sexual abuse, rape, or crimes connected with Adult Entertainment Establishments including, but not limited to the distribution of obscenity or material harmful to minors, prostitution or pandering. B. No Adult Entertainment Establishment shall operate within the city, nor shall an Adult Entertainer perform within the city, if any person required to be listed on an application pursuant to Sections 5.89.030 or 5.89.040 has been convicted of a"specified criminal act" for which: RMPUB\RVIM4364 -10- 1. Less than two years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a misdemeanor offense for the specified criminal acts; 2. Less than five years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a felony offense, for a specified criminal act, 3. Less than five years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the convictions are of two or more misdemeanors for the specified criminal act occurring within any 24-month period, 4. The fact that a conviction is being appealed shall have no effect on disqualification of the applicant; Section 5.89.060. Issuance of registration certificates. Upon receipt of an application under Section 5.89.030 or 5.89.040, the city manager or his designee shall determine, within two business days, if the information provided is complete. If the information is complete, the city manager shall issue a"registration certificate" indicating that the applicant has complied with the requirements of this chapter. If the information is not complete, the city manager shall provide written notice to the applicant of the reasons for the determination that the application is incomplete." SECTION 4 AMENDMENT OF CODE Section 5.88.240 ("Regulations Not Applicable to Theaters, Concert Halls or Similar Establishments") is hereby deleted in its entirety. SECTION 5 AMENDMENT OF CODE Section 5.88.070 of the Palm Desert Municipal Code shall be amended to add the following: "J. All indoor areas of the adult entertainment establishment within which patrons are permitted, except restrooms, shall be open to view by the management at all times. K. All areas of the adult entertainment establishment which are accessible to the public shall be illuminated at a minimum of the following foot candles, minimally maintained and evenly distributed at ground level: amrus\RWM4364 -11- Area Foot-Candles Bookstores and other retail establishments 20 Theaters and cabarets 5 (except during performances, at which time lighting shall be at least 1.25 foot-candles) Arcades 10 Motels/Hotels 20 (in public areas) Modeling Studios 20 L. Patrons and employees shall not use the same restrooms. The adult entertainment establishment shall provide and maintain separate restroom facilities for male patrons and employees, on the one hand, and female patrons and employees, on the other. Male patrons and employees shall be prohibited from entering any restroom for females, and female patrons and employees shall be prohibited from entering any restroom for males, except when an employee carries out duties of repair, maintenance or cleaning of the restroom facilities. All restrooms shall be free from any adult entertainment materials. No restroom shall contain television monitors or other motion picture or video projection, computers, recording or reproduction equipment. The foregoing provisions of this paragraph shall not apply to a adult entertainment establishment which deals exclusively with sale or rental of adult entertainment materials which are not used or consumed on the premises, such as an adult bookstore, or adult video store, and which does not provide restroom facilities to its patrons or the general public. M. The following additional requirements shall pertain to adult entertainment establishments which provide live performances in adult cabarets or adult theaters: 1. No person shall perform live entertainment for patrons of a adult entertainment establishment except upon a stage at least two feet above the level of the floor which is separated by a distance of at least ten feet from the nearest area occupied by patrons, and no patron shall be permitted within ten feet of the stage while the stage is occupied by an adult entertainer. 2. The adult entertainment establishment shall provide separate dressing room facilities for adult entertainers which are exclusively dedicated to the adult entertainers' use. No public access will be permitted to any dressing room facility. 3. The adult entertainment establishment shall provide an entrance and exit for adult entertainers which is separate from the entrance and exit used by patrons. 4. The adult entertainment establishment shall provide access for adult entertainers between the stage and the dressing rooms which is completely separated from the Patrons. If such separate access is not physically feasible, the adult entertainment establishment shall RWUB\RRRfl4364 -12- provide a minimum three foot wide walk aisle for entertainers between the dressing room area and the stage, with a railing, fence or other barrier separating the adult entertainers and the entertainers capable of, and which actually results in, preventing any physical contact between patrons and adult entertainers. 5. No adult entertainer, either before, during or after performances, shall have any physical contact with any patron and no patron shall have physical contact with any entertainer either before, during or after performances by such adult entertainer. This subsection shall only apply to physical contact on the premises of the adult entertainment establishment. 6. Fixed rails at least 30 inches in height shall be maintained establishing the separations between adult entertainers and patrons required by this section. 7. No patron shall directly pay or give any gratuity to any adult entertainer and no adult entertainer shall accept any pay or gratuity directly from any patron. Gratuities may be placed in or on receptacles located at least six (6) feet from adult entertainers. N. No operator, owner or other person with managerial control over an adult entertainment establishment shall permit any person on the premises of an adult entertainment establishment to engage in a live showing of any specified anatomical areas. This provision may not be complied with by applying an opaque covering simulating the appearance of the specified anatomical areas required to be covered. O. No adult entertainment establishment entertainer on the premises of an adult entertainment establishment shall engage in a live showing of any specified anatomical areas. This provision may not be complied with by applying an opaque covering simulating the appearance of the specified anatomical areas required to be covered. P. An adult entertainment establishment shall employ security guards if it is determined by the Chief of Police that their presence is necessary in order to maintain public peace and safety and to prevent any illegal activity from occurring on the premises. Q. The adult entertainment establishment shall not conduct any massage, acupuncture, body wrapping, tattooing, accupressure, fortune-telling or escort services on the premises. R. The adult entertainment establishment shall provide a security system that visually records and monitors all parking lot areas, at all times that the business is open or occupied for business. S. Views of parking areas and doorways of adult entertainment establishments shall be unobstructed so as to allow visibility of these areas from the public right-of-ways." SECTION 6 AMENDMENT OF CODE RMRMRU7i\4364 -13- Sections 5.88.040 ("Location")and 5.88.060("Amortization of Non-Conforming Uses") are deleted in their entirety. SECTION 7 AMENDMENT OF CODE Section 25.34.020(M) ("Permitted Uses" within Service Industrial Districts) is hereby amended to read as follows: "M. Adult entertainment establishments as permitted by Chapter 5.88 subject to compliance of the specific use with the locational requirements of Chatter 25 110 and parking requirements of Chapter 25.58 of this code (i.e., adult bookstore shall comply with parking required for a bookstore in the general commercial C-1 zone). A parking requirement modification shall be available to businesses which operate only between the hours of five p.m. and five a.m. subject to it being determined by the zoning administrator that there is adequate off-street parking available." SECTION 8 AMENDMENT OF CODE Chapter 25.110 is added to the Palm Desert Municipal Code to read as follows: "LOCATION AND AMORTIZATION OF ADULT ENTERTAINMENT ESTABLISHMENTS Section 25.110.010 Location. A. No adult entertainment establishment shall be established in the following locations: 1. In any zone other than the SI (service industrial zone) generally located in the area of Cook Street and Hovley Lane, 2. Within five hundred (500) feet of any residential zone or district. 3. Within two hundred (200) feet of any other zone or district except P (Public/Institutional District) which District shall have no separation requirement. 4. Within five hundred(500) feet of any parcel of real property in which is located any of the following uses or facilities; a. Church, existing as of January 1, 1999, defined in this chapter as any facilities used primarily for worship of any religion, or used for other religious purposes. b. Schools, defined in this chapter as institutions for teaching or caring for minor children(e.g., child care facilities, preschools, day schools, elementary schools, secondary schools, high schools). MXVUB\RWM4364 -14- The aforesaid institutions may be funded and/or operated either by governmental public authorities or by private organizations. C. Public park or recreational facility which means public land which has been designated for park or recreational activities, including but not limited to, a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, open space, wilderness areas or similar public land within the city which is under the control, operation or management of the city park and recreation authorities; 5. On any parcel which fronts on an arterial street. 6. Within five hundred feet of any other adult entertainment establishment; B. The measure of reference distance in this section shall be a straight line from the nearest property line containing the adult entertainment establishment to the nearest property line of an affected use, without regard to intervening structures. C. If an adult entertainment bureau is to serve as a referral service only and no other type of adult entertainment business is conducted on the premises, the bureau shall not be subject to the location requirements of this section, but shall otherwise comply with city requirements with respect to the location of service establishments. Section 5.110.020. Amortization of Nonconforming Uses. The other provisions of this Title 25 dealing with nonconforming uses shall not be applicable to adult entertainment establishments. Instead, the following amortization schedule shall apply to all adult entertainment establishments which do not conform to the terms of this chapter but otherwise are legally existing on the effective date of the action that renders the use nonconforming. A. For an adult entertainment establishment legally existing in the city for a period of no less than six months preceding the effective date of the action: one hundred twenty days; B. For an adult entertainment establishment legally existing within the city for a period of no less than three months preceding the effective date of the action: ninety days. C. For an adult entertainment establishment legally existing within the City for any period up to three months preceding the effective date of the action: sixty days." SECTION 9 SEVERABILITY If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The City Council hereby determines that it would have RM MRWIA436o -15- passed each sentence, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective. SECTION 10 CEQA COMPLIANCE Pursuant to state and local environmental regulations, it has been determined that the regulations encompassed in this ordinance are not considered to have a significant impact on the environment. The proposed action is further deemed to be classified as a Categorically Exemption pursuant to state and City environmental regulation. PASSED, APPROVED AND ADOPTED this day of 19� by the City Council of the City of Palm Desert, California, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ROBERT A. SPIEGEL, Mayor City of Palm Desert, California ATTEST: SBEILA R. GILLIGAN, City Clerk City of Palm Desert, California aAffusviwr\4364 -16- 4 CITY OF. PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT I. TO: Honorable Mayor and City Council II. REQUEST: Consideration of approval of an amendment to Chapter 5.88 and Section 25.34.020 (M) and to add Chapter 25.110 of the Palm Desert Municipal Code regarding the location of Adult Entertainment Establishments. III. APPLICANT: City of Palm Desert !UGDATE IV. CASE NO: ZOA 98-7 !.' Until such t m� a aje r 9- 'PTINIJEDTO cr„do co nd be ma V. DATE: January 28, 1999 ^`ED TO 2N0 CiEAy sService InZone +`MPS VI. CONTENTS: A. Staff Recommendation B. Discussion C. Draft Ordinance No. 905 D. Planning Commission Minutes involving Case No. ZOA 98-7 E. Planning Commission Resolution No. 1911 F. Planning Commission Staff Reports dated December 1 , 1998, December 15, 1998 and January 5, 1999 G. Related maps and/or exhibits ---------------------------------------------------------------------------------------------------------------------------------- A. STAFF RECOMMENDATION: Waive further reading and pass Ordinance No. 905 to second reading. B. DISCUSSION: I. BACKGROUND: The City Attorney advises that, "Under current interpretations of the First Amendment, the courts require that each city make available adequate sites for the location of adult entertainment establishments. Courts have not given us a clear answer as to how many sites are required. However, there should be sufficient available sites such that an adult entertainment establishment has a reasonable possibility of locating within the city." In 1992 and 1995 the City amended the adult entertainment ordinance and established locational criteria for adult entertainment uses. These uses were w t STAFF REPORT ZOA 98-7 JANUARY 28, 1999 limited to the S.I. (service industrial) zone but at a distance of at least five hundred feet from: (1 ) Any R-1 , R-2, R-3, PR, PC, PI and C1 zone (2) Any property which contains: - a church - a governmental public building - schools - day, elementary, secondary and high schools - institutions of higher learning - public park and recreation facility - any other adult entertainment establishment - any business offering on-premises sale of alcoholic beverages II. ANALYSIS: From the beginning the separation requirement from governmental public buildings was onerous in that the CVWD property adjacent to the east and the post office and city public works facility eliminated a large portion of the area. Over time the city, through conditional use permit approvals allowed churches and ABC licensed businesses which has further reduced available land on which adult entertainment establishments could legally locate (see attached maps of the SI area). The city needs to have a sufficient number of available sites in order that our ordinance would pass muster. In reviewing the matter, staff has determined that the least objectionable manner of accomplishing this is to eliminate the distance requirements from less sensitive sites: alcohol related sites, governmental, public buildings and institutions of higher education, that are not frequented by minors. Any church existing as of January 1 , 1999 will continue to be assured of 500 feet of separation, but any church which requests a conditional use permit in the future will not be assured of separation from these uses. With these modifications, the City Attorney believes that a sufficient number of sites are available. See the strike-out insert version of Section 5.88.040 below. 5.88.040 Location. A. No adult entertainment establishment shall be established in the following locations: 1 . In any zone other than the SI or service industrial zones; 2. Within five hundred feet of any residential zone or district; 2 STAFF REPORT ? ZOA 98-7 JANUARY 28, 1999 3. Within two hundred (200) feet of any other zone or district except P (Public/Institutional District) which district shall have no separation requirement; 4. Within five hundred feet of any parcel of real property in which is located any of the following uses or facilities; a. Church, existing as of January 1. 1999, defined in this chapter as any facilities used primarily for worship of any religion, or used for other religious purposes, 6. Gity, eounty, state, federal or other governmental pu buildings, whether owned, 'eased or epefeted by the governmental entrity-7 but not limited to, eity halls, libraries, police and fire stations and �� C. Schools, defined in this chapter as: i. institutions for teaching or caring for minor children (e.g., child care facilities, preschools, day schools, elementary schools, secondary schools, high schools); and of higher learning reeeiving 8pproved nst graduates of pfepefatery seheol and offefi n aft, letters and seienee, leading to the beehelor's degree a (e.g., colleges and _� ter• The aforesaid institutions may be funded and/or operated either by governmental public authorities or by private organizations, d. "Public park" or "recreational facility" means public land which has been designated for park or recreational activities, including but not limited to, a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, open space, wilderness areas or similar public land within the city which is under the control, operation or management of the city park and recreation authorities; 5. Within five hundred feet of any other adult entertainment establishment; sale of liquer or eleehelie beverages. B. The measure of reference distance in this section shall be a straight line from the nearest property line containing the adult entertainment establishment to the nearest property line of an affected use, without regard to intervening structures. C. If an adult entertainment bureau is to serve as a referral service only and no other type of adult entertainment business is conducted on the premises, the bureau shall not be subject to the location requirements of this section, but shall otherwise comply with city requirements with respect to the location of service establishments. (Ord. 770 § 2 (part), 1995) 3 7 STAFF REPORT ZOA 98-7 JANUARY 28, 1999 The enclosed maps represent the locational criteria specified above and indicate that in the Cook Street and Hovley Lane area four possible adult entertainment uses could be established and in the Country Club industrial park one such use could be established. More than 65 lots, many containing multi tenant buildings, will be available for these uses. The City Attorney also notes: "The second part of the ordinance amendment removes the locations standards from the licensing chapter (Chapter 5.88) and places them in the zoning chapter (Title 25). This will make the municipal code more coherent, in that zoning issues with respect to adult entertainment establishments will be included along with other zoning requirements in Title 25. This change also has the advantage of insulating the locational standards from invalidation, should the licensing scheme be declared to be invalid due to evolving judicial standards. If so, the city would be in a position to continue to regulate the location of adult entertainment establishments. Conversely, if the locational standards are declared invalid, the city will retain its licensing and regulatory scheme." The Planning Commission discussed this matter at length at three separate hearings and at a special subcommittee meeting held with experts in the field. The issue was how large an area was necessary in order for our ordinance to pass muster. The commission adopted its Resolution No. 1911 recommending the ordinance as outlined above on a 3-0-1 vote with Commissioner Jonathan absent and Commissioner Lopez abstaining. See enclosed report from City Attorney dated January 21 , 1999. Prepared by: /J�„v�� Steve Smith Reviewed and Approved Philip Drell Am 4 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT I. TO: Honorable Mayor and City Council II. REQUEST: Consideration of approval of an amendment to Chapter 5.88 and Section 25.34.020 (M) and to add Chapter 25.110 of the Palm Desert Municipal Code regarding the location of Adult Entertainment Establishments. III. APPLICANT: City of Palm Desert Past-it*Fax Note 7671 Date/._ paoges; !� IV. CASE NO: ZOA 98-7 To ( S From S O cojNpt. Co. V. DATE: January 28, 1999 Phone# Phone# J Fax# /�_ c"J Fax# VI. CONTENTS: V C� A. Staff Recommendation B. Discussion C. Draft Ordinance No. D. Planning Commission Minutes involving Case No. ZOA 98-7 E. Planning Commission Resolution No. 1911 F. Planning Commission Staff Reports dated December 1 , 1998, December 15, 1998 and January 5, 1999 G. Related maps and/or exhibits ---------------------------------------------------------------------------------------------------------------------------------- A. STAFF RECOMMENDATION: Waive further reading and pass Ordinance No. to second reading. B. DISCUSSION: I. BACKGROUND: The City Attorney advises that, "Under current interpretations of the First Amendment, the courts require that each city make available adequate sites for the location of adult entertainment establishments. Courts have not given us a clear answer as to how many sites are required. However, there should be sufficient available sites such that an adult entertainment establishment has a reasonable possibility of locating within the city." In 1992 and 1995 the City amended the adult entertainment ordinance and established locational criteria for adult entertainment uses. These uses were s STAFF REPORT ZOA 98-7 JANUARY 28, 1999 limited to the S.I. (service industrial) zone but at a distance of at least five hundred feet from: (1 ) Any R-1 , R-2, R-3, PR, PC, PI and C1 zone (2) Any property which contains: - a church - a governmental public building - schools - day, elementary, secondary and high schools - institutions of higher learning - public park and recreation facility - any other adult entertainment establishment - any business offering on-premises sale of alcoholic beverages II. ANALYSIS: From the beginning the separation requirement from governmental public buildings was onerous in that the CVWD property adjacent to the east and the post office and city public works facility eliminated a large portion of the area. Over time the city, through conditional use permit approvals allowed churches and ABC licensed businesses which has further reduced available land on which adult entertainment establishments could legally locate (see attached maps of the SI area). The city needs to have a sufficient number of available sites in order that our ordinance would pass muster. In reviewing the matter, staff has determined that the least objectionable manner of accomplishing this is to eliminate the distance requirements from less sensitive sites: alcohol related sites, governmental, public buildings and institutions of higher education, that are not frequented by minors. Any church existing as of January 1 , 1999 will continue to be assured of 500 feet of separation, but any church which requests a conditional use permit in the future will not be assured of separation from these uses. With these modifications, the City Attorney believes that a sufficient number of sites are available. See the strike-out insert version of Section 5.88.040 below. 5.88.040 Location. A. No adult entertainment establishment shall be established in the following locations: 1 . In any zone other than the SI or service industrial zones; 2. Within five hundred feet of any residential zone or district; 2 STAFF REPORT ZOA 98-7 JANUARY 28, 1999 3. Within two hundred (200) feet of any other zone or district except P (Public/Institutional District) which district shall have no separation requirement; 4. Within five hundred feet of any parcel of real property in which is located any of the following uses or facilities; a. Church, existing as of January 1 , 1999, defined in this chapter as any facilities used primarily for worship of any religion, or used for other religious purposes, b. Gity, eetinty, state, federal or other governmental pu buildings, whethef owned, !eased or operated by the govefnm�---ffll ineluding, but not Iffirnited to, eity halls, lilaferies, police and fire stations and post efficeft-, C. Schools, defined in this chapter as: i. institutions for teaching or caring for minor children (e.g., child care facilities, preschools, day schools, elementary schools, secondary schools, high schools); and umive►skies . The aforesaid institutions may be funded and/or operated either by governmental public authorities or by private organizations, d. "Public park" or "recreational facility" means public land which has been designated for park or recreational activities, including but not limited to, a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, open space, wilderness areas or similar public land within the city which is under the control, operation or management of the city park and recreation authorities; 5. Within five hundred feet of any other adult entertainment establishment; 5. Within five hunciFed feet of any business involving an on p sale of liquor or aleoholie bevefages. B. The measure of reference distance in this section shall be a straight line from the nearest property line containing the adult entertainment establishment to the nearest property line of an affected use, without regard to intervening structures. C. If an adult entertainment bureau is to serve as a referral service only and no other type of adult entertainment business is conducted on the premises, the bureau shall not be subject to the location requirements of this section, but shall otherwise comply with city requirements with respect to the location of service establishments. (Ord. 770 § 2 (part), 1995) 3 STAFF REPORT ZOA 98-7 JANUARY 28, 1999 The enclosed maps represent the locational criteria specified above and indicate that in the Cook Street and Hovley Lane area four possible adult entertainment uses could be established and in the Country Club industrial park one such use could be established. More than 65 lots, many containing multi tenant buildings, will be available for these uses. The City Attorney also notes: "The second part of the ordinance amendment removes the locations standards from the licensing chapter (Chapter 5.88) and places them in the zoning chapter (Title 25). This will make the municipal code more coherent, in that zoning issues with respect to adult entertainment establishments will be included along with other zoning requirements in Title 25. This change also has the advantage of insulating the locational standards from invalidation, should the licensing scheme be declared to be invalid due to evolving judicial standards. If so, the city would be in a position to continue to regulate the location of adult entertainment establishments. Conversely, if the locational standards are declared invalid, the city will retain its licensing and regulatory scheme." The Planning Commission discussed this matter at length at three separate hearings and at a special subcommittee meeting held with experts in the field. The issue was how large an area was necessary in order for our ordinance to pass muster. The commission adopted its Resolution No. 1911 recommending the ordinance as outlined above on a 3-0-1 vote with Commissioner Jonathan absent and Commissioner Lopez abstaining. See enclosed report from City Attorney dated January 21 , 1999. Prepared by: Steve Smith Reviewed and Approved by: Philip Drell /tm 4 t BEST BEST & KRIEGER LLP 39700 Bob Hope Drive, Suitt 312 Y.O.Boa 1555 Mancha Mirage,Californig 92270 Telephone: (760) 5"-2611 Telecopier: (760)340-6698 TELECGPIER TRANSMISSION DATE: January 26, 1999 '"ME. 10:15 am TO: r-- - I NAME FAX NO.��ONE No. Mr. Steve Smith i FROM: Robert Hargreaves itE: The Reel One v City of Ontario/Judgment -- FILE NO. I USER No NO of >:PAGES,TNCI.I TWNG CovgR. 23 MESSAGE: ORIGINAL TO FOLLOW: NO i I CAUTION-CONFIDENTIAL- 1Tq;DOCUmENT$PING TLLFCOPIW TD YOU MAY CONTAIN INFORMATION PROTECTED BY THF.ATTORNLy-CLMNTNMM PRODUCT PRIVILEGE It is intended only for the puson to whom it is addressed tf you ate not the mtendal nxtptent man authorized RVRL that 6"s is wtiac to you that dtc:emination.Mstnbuti m or copying of tins document is prohibited. If this vvac recnvYd in cnor.please call us at once and dcsttay the document IF YOU L•YPERIENCE ANY DIFFICULTY WITH WE QUALITY OR COMPLETEVESS OF TXIS TRANSMISSION,PLEASE CALL (I60)568-2611.o•LMnna M Elhsr. R..m"WrA +tsaee 061-i 10 d Z86-1 8699-Op8-091 d30319X 8'1S39 '1S39-marl 9E:01 es-9Z-unr �CCbINGTOV I0:9093916762 JAN 19'99 19'55 Na.007 P.02 1 A' ER U5 D } fIIEO , � CIEaIL U.S.pr511lICr � . 2 : .;115 3 _ IJAN I d lg99 1c m toLGI5'frHCf OF GAINM 4 �CENIPALENS7PrC16FG.IFrrN�rr . cr n(vu I 5 UNITED STATES DISTRICT COURT 6 CENTRAL DISTRICT OF CALIFORNIA 7 B MOSHE LEVI and SIMON AROUAS, ) doing business as THE REEL ONE, ) No. CV 96-7559 SVw (SHx) 9 I Plaintiffar ) JUDGMENT 10 ) V. ) 12 CITY OF ONTARI0o ) 13 Defendant. ) 1 14 15 16 The Court having ENTERED its Findings of Fact and Conclusions , f 17 Law, it is hereby ORDERED that JUDGMENT be entered for Plaintiffs and 1s against Defendant. Defendant is PERMANENTLY ENJOINED from enforcing 19 its current adult business zoning Scheme, Ordinance No. 2521. 20 21 22 IT IS SO ORD7.RED. 23 24 DATED: TEPHEN V. NILSON UNITED STATES DISTRICT JUDGE 26 TE11S C�!'S'?!r;IFf:: NO iE)' ;j rt; "'V AS i.; r, t )i1J)L 7i(t,! 29 081-d 20 d Z86-1 8699-DYE-09! 839318A VIS39 '129-=J1 9v01 66-9Z-ref rp'�INGttlN I3:9093916752 JAN 19'99 1d :58 No.007 P .03 1 2 CLLV,1i9 renitnrt " ; 3 � 4 JAN 14 Im . 4 5 UNITED STATES DISTRICT COUR t�`NSp4�0iSi1aM U�C: !- ' 6 C>:tdTRAL DISTRICT OE' CALIFORNIA 7 S MOSHE LEVI and SIMON AROUAS, ) acing business as THE Rttt ONE, } Ko. CV 96-1559 SVN (SHx) p ) Plaintiffs, ) FINDINGS OF FACT AND 10 ) CONCLUSIONS OF LAW v. ) 11 ) 12 CITY OF ONTARIO, ) 13 Defendant ) l 14 is 16 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 17 I. broce1ura1 1i k2 v is Plaintiffs filed this action on October 28, 1996, seeking a 19 declaration that Ontario' s adult business zoning ordinance 20 constitutes an unconstitutional restriction on adult speech and an 21 injunction barring enfoteement of the ordinance. Although Cntario 22 also requires adult businesses to obtain a conditional use permit 23 ('CJP"1 . Plaintiffs do not challenge the constitutionality of the CUP 24 process. 25 in an order dated May 22, 1997, this Court held that Plaintiffs 26 could not challenge the constitutionality of the Ontario ordinance as 27 applied to their business because this claim was barred by the 281 statute of limitations. Plaintiffs then proceeded with a facial 081-d W60'd Z66-1 9699-OVE-091 0310 VIS39 '129-MOJA xOI a6-9Z-ref Cn�2HGt0N I9:9093916752 inN 19-99 1d:58 N0.007 P .04 ) challenge to the ordinance' s constitutionality. As a result of the 2 previous ruling, the Court excluded as irrelevant all evidence of how 3 this ordinance affects these particular Plaintiffs. In a May 22, 4 1997, order, this court also rejected Plaintiff' s motion for leave to 5 file a first amended complaint to add a cause of action based on 6 California law. on August 25, 19910 this Court denied Defendant's I motion for summary judgment. g The parties appeared for court trial on February 5 and May 1, 9 1998. At the Conclusion of each proceeding, the Court issued an { 10 order identifying the issues for trial and asking for further it briefing. Based on the evidence adduced at trial and in accord with 12 Fed. R. Civ. P. 52(a) , the Court now enters its findings of fact and 13 conclusions of law. 14 it. bind ngs of tact is A. nn' ,s zonino Ordinance 16 1- Prior to September 1991, Ontario pemitted adult 17 businesses in areas zoned C3 (Commercial Service) - t$ 2. In September 1991, Ontario amended its zoning 19 structure to require adult businesses to locate in 20 areas zoned M2.5 (Industrial Park) . 21 3, in February 1092. Ontario again amended its zoning 22 code, requiring adult businesses to locate only in 23 areas zoned M2 (General Industrial) . S-ea Ontario 24 Municipal Code ("OW") 95 9-3.1715(d), 9-3.2150. 25 4. Ontario's zoning Of adult businesses is motivated by 26 its desire to control adverse secondary effects 21 28 2 081-d sz/H d 286-1 sees-0 6-091 830310 111S39 11S39-maid 1e:01 es-9z-uef cOtIrlGttiv I0 90S3916�52 JAN 19'99 14 :59 No.407 P .05 ] associated with adult businesses. OMC 55 9- z 3.17001y) (5} . 16) . 3 5. Ontario relied on studies of the effects of adult 4 businesses in tustin, Texas; Indianapolis, Indiana; 5 Los Angeles, California; Phoenix, Arizona: and St. 6 Paul, Minnesota in concluding that there was a nccd to 7 regulate adult businesses through zoning. OMC S 9- g 3.1700(j) (3) . 9 6. in addition to limiting adult businesses to the M2 10 zone, Ontario places further restrictions on the 11 locations of such businesses: 12 a. No adult business may locate within 1,500 feet Of 13 i. property classified as agricultural or 14 residential (including single family homes. 15 estates, multiple dwellings or mobile home 16 parks) : OMC S 9-3.1715(d) (1) (A) (i) ; 17 11. Any other residential use whether inside o 1S outside the Ontario city limits; OMC 5 9- 19 3.1715(d) (1) (A) (ii) ; 20 Ili. Any place of worship (such as a church or 21 synagogue) whether inside or outside the 22 Ontario city limits) OMC 5 9- 23 3.1715(d) (1) (A) (iii) : 24 iv. Any school, day care center or private or 25 public park or playground, whether inside 26 or outside the Ontario city limits; OMC S 21 9-3.1715(d) (1) (A) (iv) : 29 3 081-d eZ/90'd d66-1 e699-M-091 S30318N VIS39 '1S39-MI X 01 86-9z"Er CObINGTON ID:9093916762 JAN 19,99 14:59 Hu .907 F .06 V. Any retirement or Convalescent hospital, 2 whether inside or outside the Ontario city 5 l iy+its: oMc s 9-3.1715(d) (1) (A) tv) 4 vi. Any recreational facility. such 99 an S arcade, skating rink, bowling alley. etc. . 6 whether inside or outside the Ontario city 7 limits; OMC 5 9-3.1715(d) (1l (A) (vi); g vii. City Hall or other government buildingst 9 OMC 5 9-3.1y15(d) (1) (A) (vii) t 10 viii. Libraries whether inside or outside the 11 Ontario city limitat OMC 5 9- 12 3.1115(d) (1) (A) t 13 ix. Any truck stop whether inside or outside 14 the Ontario city limits. OMC 9 9- 13 3.1'715(d) (1) (A) (ix) . 16 b. No adult business may locate within 300 feet of 17 another adult business, whether inside or outside 18 the Ontario city limits. OMC 5 9- 19 3.1115(d) (2) (H) . 20 C. No adult business may be located on any lot 21 having frontage on or adjacent to freeways or 22 major arterial roads within the Ontario city 23 limits. oMC S 9-3.1700(j) (7) t OMC 6 9- 24 3.1715(d) (1) (b) . 25 J. wineville Avenue is not an arterial road. 26 /1/ 27 29 4 001-1 82/90'd 206-1 8099-98-091 S303ISM VIS39 '1S39-MGJJ x01 08-92-ue1' CM INGTO!1 t0 :9O93916762 ?AN 19*99 15 :00 NU.0O7 P.O7 1 7 . Each of the potential sitea within the M2 zone 2 proposed by the City are also in the v1 Vintage 3 industrial Overlay district. 4 a_ Sites in the VI Vintage industrial Overlay 5 District must be at least one sore in area: 6 OMC 5 9-3.15601 7 b. Buildings in the VI Vintage Industrial Overlay 9 District must have a front yard of at least 50 9 feet: ONC 5 9-3.1965. 10 C. Buildings in the V1 Vintage Industrial Overlay 11 District must have side yards of at least 10 12 feet: OMC § 9-3.1910. This area may be used for 13 parking spaces. OMC 5 9-3.1996. 14 d. Buildings in the VI Vintage Industrial Dverley 15 District must have a floor-area ratio of 5EI or 16 less. OMC 5 9-3.1996. 17 B. The code also provides that "(n]o residential 18 structure or any other nonconforming structure shall 19 be converted for vat as an adult buaineas": OMC 5 9- 20 3.1715(d) (2) (B) . 21 9. The code also requires that adult businesses meet 22 specifications for lighting, security, general upkeep 23 and to screen windows and take other precautions to 24 ensure that the interior of the businesses is not 25 visible from any public area. OMC 5 9- 26 3.1117 (d) (2) (A)-(G1 . i 27 t 29 5 OBl-d El/10'd Z66-1 8699-OVE-091 839316A 9'1539 '1538-mnid BE:OI es-9z-ref ECIVIN010N tD=9093916762 JAW 19'99 15 :00 Ho .007 P .08 1 I 10. Adult Businesses are also subject to a Cotditionai Use 2 permit process. OMC 3 9-3.1105(4-1) . 3 11. Ontario' s municipal code limits the types of 4 commercial establishments that may exist in 142 zones. 5 Banks, electrical equipment salas, lumber yards, and 6 restaurants are among the businesses permitted in the 1 manufacturing zone. OMC S 9-3.1105. 9 12. The adult business ordinance provides for a two-year 9 amortization period for businesses made non-conforming 10 as a result of the ordinance. OMC 5 9-3.3235(a) . H 13. The ordinance also provides for a mechanism through 12 which the Ontario Planning Commission may extend the 13 amortization period if it finds that the too-year 14 period places an unreasonable burden on the adult 15 business. OMC 5 9-3.3231(c) (2) . 16 13 Pla nt ffa' Buaillm 17 1. Plaintiffs are the owners of "The Reel One," an adult 18 bookstore, arcade and mini-theater located in an area 19 of ontarie zoned C3 (Commercial Service) . 20 2. In August 1991, when Plaintiffs acquired the business', 21 Ontario permitted adult businesses in areas zoned C3. 22 3. The Reel One became a non-conforming business in 23 September 1991 when Ontario amended its zoning 24 ordinance to permit adult businesses only in areas 25 zoned M2.5 (Industrial park) . 26 4, on April 24, 1994, the Ontario Planning Commission 21 denied plaintiffs' application for an "indefinite' 28 6 081-d WOO d 268-1 8899-Oie-091 N393INN 9'1S38 11S39-aojd w01 Bs-9d-uQf COSrINGTOI ID:9093916752 ?Py 19199 15 :01 No .007 P .09 1 extension of the amortization period, providing 2 instead for a three-year extension to expire on March 3 19, 1991. 4 5. Plaintiffs appealed to the Ontario City Council, who 5 affirmed the decision of the Planning Commission. 6 Plaintiffs did not challenge either decision by 7 seeking a writ of administrative mandamus. i 8 6. To date, Plaintiffs have not sought a CUP for a i 9 location within the M2 area. I to 9. Plaintiffs' business currently operatas pursuant to a i it agreement by the City not to enforce the ordinance 12 until this case was heard on its merits. 13 C. p0,4We itee 14 The City proposes 25 sites as "available" for use by adult 1s businesses.' SM Def.'s ex. b. 16 1. S� 8190a 17 This is a 2.655 acre site located on land currently used as a 18 winery along Wineville Avenue. According to the City, this land must 19 be subdividad in order to meet zoning specifications. 20 2. site 7 3.3 091j8 21 This is a 1.61 acre site on which are located two divisible 22 mixed-use buildings. This property, fronts on Airport Drive, which is 23 defined as a major arterial road. Adult businesses may not locate on 24 25 'Exhibit "O" lists 26 sites. the City conceded at trial. 26 however, that one site was not available. S.A Trans., 2/5/1998, at 65:23-66:1. 27 Iror reference, these sites are identified by their "APN" 29 numbers as shown on Def-'s ex. o. 7 081-1 EZ/60 d 266-1 8899-OH-091 a30310 VIS39 '1S39-m01d 8E:01 86-9Z-Hr CMINGTOu iD=9093916752 ]AN 19'99 15 :01 No.007 P.10 1 property fronting on major arterial roads. This site must therefore 2 be subdivided. 3 3. Site 3808134 4 This is a 1.945 acre site on which two div_sible nuiti-tenant 5 mixed-use buildings are located_ This site could accommodate one 6 adult business due to the zoning requirements setting forth the 7 minimum distances between adult businesses. 1f site 23GD8138 is 8 subdivided and an adult business located on the portion of the 9 property not fronting Airport Drive, then this property must also be 10 subdivided in order to meet the minimum distance zonino requirements. 11 The buildings on this site do not conform with the 50 foot setback 12 requirement in the Vintage Industrial Overlay District. 13 4. att-U 4 i 14 This is a 26.739 acre site on which is currently located a 15 214,600 square foot warehojse. The City proposes the front portion 16 of this property, currently used for a driveway and for landscaping, 17 as a possible site for an adult business. 18 5. 5,ite 2380815� 19 This is vacant land comprising 3.220 acres. 20 6. si a av,e177 21 This is vacant land comprising 10.320 acres. 22 7. l 23.8091lx� 23 This is vacant land comprising 5.006 acres. 24 8. Site 239Q$133 25 This is vacant land comprising 0.167 acre. This site fronts on 26 property dedicated to Southern California Edison but is not 27 immediately adjacent to an existing road, 28 e 091-d S2/OI d 288-1 6899-OVE-091 839318M VIS39 '1539-M 8E:01 88-92-Vef COVINGrO4 I7:9043916762 JAN 19*99 15:02 No .007 P ,11 1 g. ,�1,a a808124 2 This is vacant land comprising 0.616 acres. This site fronts on 3 the Socthern California Edison easement but also abuts Santa Ana 4 street. s 10. ZAIR-=1011t 6 This is vacant land comprising 39.660 acres. This land fronts 7 on Etiwands Avenue, which is defined in the Ontario Master Plan as a require 8 major arterial road. This property would therefore re 9 9 subdivision before it could legally serve as a site for an adult 10 business. 11 11. c�;g �3s1214I 12 This is vacant land comprising 2.981 acres. ;This land fronts on 13 Milliken Avenue, which is defined in the Ontario Master Plan as a 14 major arterial road. This property would therefore require is subdivision before it could legally serve as a site for an adult 16 business. 11 12. 51ta381I7 18 This is vacant land comprising 9.048 acres. According to the 19 City, this land must be subdivided in order to meet current coning 20 specifications. 21 13. Z p z s1 l81 22 This is vacant land comprising 10.480 acres. 23 14. cite 3315180 74 This is vacant land comprising 19.152 acres. 25 15. Sitt' 23 15175 26 This is vacant land comprising 10.356 acres. 21 28 9 081-1 BZ/ll'd Z88-1 8899-095-091 S03INX i'1S38 '1S38-Lffl1d evoi 88-9Z-ref t9b1NGTOd n:90439/6762 JAN 19'99 15=02 N0 .007 P.12 16. Sit23115132 2 This is vacant land comprising 12.908 acres. 3 17, att 813 .11 4 This is a 10.890 acre site on which is currently located a 5568 5 square foot Warehouse. Tho City proposes the portion of the property 6 closest to the street as a potential site for an adult business. 1 This site would also need to be subdivided in order to comply with 8 zoning requirements. 9 1s. Sits.331f1511.2 10 This is a 4.00 acre site on which stands a 32,256 square foot 11 warehouse. The city proposes the southe=n portion of the property as 12 a potential site for an adult business. 13 19. 11=2111U133. 14 This is vacant land comprising 11.910 acres. 15 20. ai 2 QL3M 16 This is vacant land comprising 5.400 acres. l7 21. 1g This is vacant land comprising 1.231 acres. 19 22. Ait_e.� 20 This is vacant land comprising 5.164 acres. 21 23. ..,te Z2U= 22 This is a 5.001 acre site on which is currently located a 48,434 23 square font warehouse. The city proposes the southern half of the 24 property as a potential site for an adult business. 25 26 27 28 10 081-d EZ/21'd Z86-1 8699-96-091 BONN 8'1SH 'IM-WJJ BE:oI 68-n-uef ccVINGTOy I7=90539.6762 JAW 19'99 15:03 No .007 P .13 1 24. Sito 7.381333" 2 This is an 8.000 acre site on which is currently located a 3 57,984 square foot warehouse. The City proposes the eastern ha]f of i 4 the property as a potential site for an adult business. 3 2 5. 9-231 1 W" 6 This is a 33.880 acre site on which is currently located a 7 504,576 square foet warehouse. The City proposes that western half 8 of the property as a potential site for an adult business. This site 9 would also need to be subdivided in order to comply with zoning 10 requirements. 11 D. 12 There are currently two adult businesses (including piaintiffs' ) i 13 operating within the Ontario City Limits. 14 It. goncluslons of Last 1s A. At-rdgn of Proof 16 The Dntario ordinance rorstitutes a time, place and manner r 17 restriction on speech. SM CitY of Inc., 18 975 J.S. 41, 46 t1986) f iD]' am,.«i-�'-' Milli Young v• �--- ' -- n Theatres, _ . , 421_ 19 U.S. So. 63 (1976) . As such, it meets constitutional scrutiny if it I 20 is (a) Justified without reference to the content of the regulated f 21 speech tit "content neutral") : (b) narrowly tailored to serve a 22 significant governmental intereatt and (c) leaves open ample 23 alternative channels of communication. 24 C1:98tLvP Non-y 2jg , 468 U.S. 280, 293 (1984) . Plaintiffs appear I 25 to concede that the ordinance is content neutral and narrowly 26 tailored. This case therefore turns on whether the City :gas provided) 27 reasonable alternative means of exp-sssion. 28 11 091-d W91 d 269-1 9999-0vE-091 HMO VMS '1S39-LOW 1 0v!01 ea-sd-uef GL`1.j1NGTDN 10;9093916752 JAN 19,S9 15 :03 N0 .007 P.ld 1 plaintiffs argue that the City bears the burden to Prove that 2 the ordinance leaves open reasonable alternative channels- 3 Plaintiffs cite a number of Supreme Court cases invo)ving political 4 or other classic forms of protected speech in which the Court 5 _ expressly ar implledly placed the burden on the party defending the 6 constitutionality of the ordinance. 0,0A e•o• 7 glll=. 512 U.S. 43, 56 (1994) (holding, in the face of a challenge g to a ban on lawn signs, that the city had failed to persuade the 9 Court of the existence of adequate alternative forms of 10 communication) : 452 U.S. 61, 75-77 11 (19911 (finding that the Borough failed to establish that a total ban 12 on live adult entertainment satisfied the requirements of a i 13 reasonable time. place and manner restriction) . 14 The Supreme court has never expressly held that adult speech is 15 entitled to less protection than other forms of speech. -M 04� 10 RCho X. Union, U.S. ---, 117 s.Ct. 2329r 17 2346 (1997) (sexual expression which is indecent but not obscene is ]8 protected by the First AmOndment") hAt-A" 19 rhsnS.s , 427 V.S. 50, 70 (1916) (plurality opinion) (� Dociety'a 20 interest in protecting tarotic speech] is of a wholly different, and 21 lesser, magnitude than the interest in untrammeled political 22 debate") . Ais a practical matter, however, the Court has upheld time, 23 place and manner restrictions on speech that would not pass 24 conatitutional muster if applied to other forms of speech. 5=& 25 P-9. 1 Theaters. Ingt, 475 U.S. 41, 57 26 (19a5) (arennen, J. di.asenting) targuing that the Itenton ordinance is 21 an unconstitutional content-based restriction on speech) . 2E 12 081-1 8Z N d Z80-1 8899-M-092 839318N.911S39 'Ma-Majd o9:ot 88-9Z—ref CC:vINrtOJ ID:9O93916762 JAN 19,99 15:04 flu-go? p .15 1 Because adult entertainment has not been given the same broad 2 protection afforded other fonts of Speech, the proper analogy is not d to cases like I-Adue, which deal with restrictions on political d speech, but cases involving commercial speech -- which, as a matter 5 of law, is entitled to a lesser degree of constitutional protection. 6 See. e.g. Central Hudg{,Zn flectrit Corp, y. Public Service 7 Comm n of New York, 447 U.S. 557, 563 (1980) . In these cases, the 8 Court has also consistently placed this burden on the municipality. 9 ror example, in City slf -Cane n=i v b stover Ngtwork. Inc. , 507 10 U.S. 410 (1993) . the city, citing an interest in safety and 11 aesthetics, banned the use of freestanding newsracks located on 12 public property to distribute of commercial publications. 501 U.S. 13 at 412. In holding the ordinance unconstitutional, the Court placed 14 the burden of establishing constitutionality on the city. "It was 15 the city's burden to establish a ^reasonable fit` between its 16 legitimate interest in safety and esthetics Isic) and its choice of a 17 limited and selective prohibition of newsracks as the means chosen to 1s serve those interests." Isi` at 1416. Similarly, in j}plger v. Young 19 pug Products Cup,, 463 U.S. 60 (1983) , the Court placed the burden 20 on the government to establish the constitutionality of a ban on the 21 mailing of unsolicited advertisements for contraceptives. -The party 22 seeking to uphold a restriction on commercial speech carries the 23 burden of justifying it." = at 11 n.20. 24 The burden would be on the City to prove that regulation of 25 commercial speech would be constitutional, therefore, the burden must 26 also lie with the City to prove the constitutionality of its adult 21 business restrictions. This conclusion comports with a number of 28 13 091-d RAI d Z88-1 8899-OYS-092 N303INX VIS39 '1S38-IM'd O of 88-9Z-mer CNINGTON M9O93916752 Jam 19'99 15:04 No .007 P .16 1 recent cases. In the Third Circuit's on Banc decision in khi11iriA__t:1 2 perau,+h of Keyp rat, 107 F.3d 164 (3d Cir. ) , rT-*r•.dsn_led, lie S. Ct. , 3 336 (1991) , which considered a challenge to the Borougt:' s "adult 4 entertainment uses" ordinance, the court placed the burden on the 5 Borough to build 6 an evidentiary record that will Support a finding that it reasonably believed titsl 'interest .could be jeopardized in 7 the absence of an orcinance and that this ordinance is reasonably tailored to promote those interests. It is the 8 Borough that carries the burdens of production and persuasion here, not the plaintiffs. 9 1. L at 113. Moreover, "the existence of adequate alternative 10 channels for adult entertainment expression is an essential element 11 for the State to satisfy." Id. at 177, $99-RIs4,. 1 rs 8 12 7 kAon �� r ait�z_nt , inn v G1,ty o��_• 152 F•3d 362, 370-71 (Sth 13 Cir. 1999} {citing Yhi111p.;: and concluding that under the 14 "intermediate scrutiny standard of review, the government bears the 15 burden of justifying (i.e., both the burden of production and 16 M H1 k raon v rnf Nex_Ynzk, persuasion) the challenged statute") : 17 , 67 196 F.3d 991 1O'Z (2d Cir. 1998) , 18 tl.s.L.W. 3310 (Jan. 11, 1999) (98-574) (explaining that 19 municipalities most identify "general areas that remain nvaileble" 20 but not "exact locations to which adult eatablishtaents may 21 relocate") .3 2hS111DA comports with the body of law placing the 22 23 Some cases have reached the opposite conclusion. In Hooda1l V. City a E1 awe, 49 F.3d 1120 (5th Cir.) , 1� 24 s{g�Q, 116 S. Ct. 516 (1995), the Fifth Circuit placed the burden on the plaintiff to prove that the City failed to provide reasonable adequate alternative avenues of communication. S4.- :51A4 , 12 F. supp. 2d 1050, 1064-65 (C-b. Cal. 1998) (finding that plaintiff bears burden of 27 persuasion that alternative sites do not suffice) . The Couraches notes that the more recent Fifth Circuit opinion in i & 9 29 the opposite result of S4GD11a11 on this point, without mentioning 14 Do H 61/91'd Z88-1 9899-099-091 83D318A VISH '1S39-19Did W at 88-9z-Uer COVINGTON 10:9093916762 JAN 19-S9 15:05 No .007 F .17 1 burden of proving the constitutionality Of governman;al restrictions 2 on commercial speezh on the regulating body. Accordingly, this Court 3 will rollov spa and place the burden of proof in this action on 4 the City. 5 R. L ae?stAnd"d 6 A local government may regulate or restrict adult businesses as 7 long as reasonable alternative avenues of communication remain. =4 8 , 415 U.S. 41, 50 (1985) , "The 9 test for determining whether the 1Plaint_ffs' 1 First Amendment rights to ate threatened is whether a local government has effectively denied It (them) a reasonable opportunity to open and operate their enterprise 12 within the city in question." isitiggg Vr sa One +amity O Les 13 Angelo, 989 F.2d 1524, 1529 (9th Cit. 19931 (Quoting ttn=o 415 14 U.S. at 541 ; A.Qe—S15II walnut Proga`*ips Inc v City of Whitt{er, 15 861 F.2d 1102, 1101 (9th Cit. 1992) (Quoting AentQn1 . 16 while the inquiry into the adequacy of alternative sites is t7 highly fact-specific, the cages set forth some general principles en 18 which this Court may base its conclusion. first, Plaintiffs "must 19 fend for themolves in the teal @state market, on an equal footing 20 with other prospective purchasers and lessees.- Renton, 415 U.S. at 21 54 . Thus, "the possible economic impact upon a business is not a 22 factor to be considered when determining whether a city has 23 provided a businesa with a reaaonable alternative location. Tooar a 24 kr=, 989 F.2d at 1529. 25 Economics are relevant, however, to the question of whether a 26 particular site is a part of the relevant real estate market. ld� at 27 28 wood811, and cites ph"1111a with approval. 1s 001-4 EZ/11'd Z88-1 8899-M-091 80318M T'1S39 '1S39-LIDJd l9:ol ea-9Z-ref C04INr70v 13:9093916752 JAW 19*99 15 :05 N0 .007 PAS 1 1530. "IA}lthough Renton stressed that the first Amendment only 2 requires a relocation site to be potentially available rather than 3 actually available, the requireTent of potentiality connotes genuine 4 , possibility." Id., at 1531. Thus, property is not part of the 5 relevant market if it lack& a proper infrastructure, such as roads, 6 lighting, water, or sever service. Isis : Nor does the relevant Market 7 include property that is physically incompatible with commercial 8 enterprise, such as a warehouse; a sewage treatment plant, a swamp, a 9 shipyard or an airport runway. UL The focus is not on the 10 particular needs of an adult business - rather. the Court must 11 determine whether potential sites are reasonable relocation sites for 12 some generic commercial enterprise before it considers them part Of 13 the relevant market. 3.dL 14 C. Ap8 ica i a 15 The Ontario ordinance, by its terms, requirea all adult 16 businesses to locate in areas zoned M2 or general industrial. sites 17 located in manufacturing or industrial cones may be part of the 18 relevant market if (1) they are reasonably accessible to the general 14 public: (21 they have a "proper infra-structure," such as sidewalks, 20 roads and lighting; (3) they suit Some "generic commercial 21 enterprise," even if the site is unsuitable for an adult business or 22 any other specific business. Totanga press, 989 F.2d at 1531. An 23 ordinance is not invalid merely because all of the potential sites 24 are located in industrial zones. 2= Z� "' °`c ^''_ t..f-C. V. G tv 25 of Ate, 136 F.3d 683, 688 (10th Cir. 1998) - 26 Seven of the city-s proposed sites -- 23800140, 23006138, .27 23810114. 23812142, 23815117, 23813211, and 23816148 — would have to 28 16 091-d Sd/9l'd dBe-1 Be99-095-09! 83931NX VIS39 '129-umld w of se-n-uef COVIN6ION I5=9093916762 JAN 19*99 15:06 N0 .00e r.ty 1 be subdivided in order to meet zoning requirements for adult 2 businesses. in other words, as a matter of law, an adult business 3 could not locate on this site without a change in the legal status of b this site. It strains credulity to believe that bites on which an 5 adult business cannot legally operate are. reaeonable adequate 6 alternatives. These sites are thus not past of the relevant market 7 and must be excluded from the analysis- 8 Similarly, four of the City's proposed sites — 23808142. 9 23916119/ 23913327, and 23713335 — are contiguous parcels which are 10 partially developed in a manner inconsistent with eommerC141 u9e- 11 -lplroperty is not `potentially' available when it is unreasonable to 12 believe that it would ever become available to any commercial 13 enterprise." anna_kKM, M F.2d at 1531. The fact that 14 portions of theta sites have been developed ab warehouses or similar 15 uses undermines the City's argument that these sites could become 16 available for commercial use at some time in the future. .Nor does , 17 the City provide any evidence of a reasenable expectation of mixed- 19 use development of this sort on these oz similar parcels. The Court 19 thus concludes that these sites are not within the relevant market 20 for a general commercial enterprise in Ontario. 21 Thirteen of the remaining proposed sites are vacant land. 22 Eleven of these sites are parcels of 3.2 acres or greater, with seven 23 sites greater than 10 acres. Defendants contend that. 24 notwithstanding the size of these parcels, they are 'potentially 25 available sites" because they could be either subdivided for free 26 standing structures or developed for multi-tenant use. As with those 27 sites on which some development has already occurred, Defendants 29 17 001-d H/61'd Z66-1 968s-M-091 839318N 8'1539 '129-=d 2mi so-sZ-uQr CUVIN67(Ju I9:9093916162 IAN 19'99 15.06 No .007 P.20 1 provide no evidence of a real possibility of commercial development 2 on these sites. Moreover, the City offers no evidence that the sues 3 contain the required infrastructure - water, sewer, sidewalks, etc. -- 4 to support a generic commercial enterprise. Accordingly, the COUrt, 5 concludes that these sites are also outside the relevant market. 6 Eliminating these locations leaves the City with three potential 7 sites. Site 23808139 contains two multi-use mUiti-tenant buildings 8 on which one adult bookstore could locate. Because the court has 9 determined that site 23808138 is outside the relevant market, there 10 is no need to subdivide this site. Moreover, although the OMC 11 prohibits some commercial businesses from locating in the M2 zone, it 12 permits a sufficient variety of other businesses to make the zone 13 available to the "generic commercial enterprise-" The Court thus 14 concludes that this site is potentially available to a generic 1s commercial enterprise. &tG Vped&U, 49 E, 3d at 1126 (holding that 16 large multi-tenant office-warehouse buildings in which retail 17 businesses could and occasionally did locate were part of the 18 relevant market) . 19 The buildings on site 23808139 are non-conforming in that they 20 do not comply with the setback requirements for the Vintage 21 industrial Overlay district. Ontario prohibits the conversion of 22 %residential structuretsl or other nonconforming structures' for use 23 as adult businesses. OM S 9-3.1715. Plaintiffs argue that they are 24 prohibited from locating in these buildings by this code provision 25 and therefore this site is outside the relevant market. Scott 26 Murphy, assistant city Planner for the City of Ontario, testified at 27 trial that locating an adult bookstore in an existing commercial 28 18 081-d BZ/OZ'd Z68-1 8699-96-091 839316N ViS39 '1S39-mDAd Z4:01 86-n-ref COVINGTON tD:9093916762 JON 19'99 15:07 No.007 P •21 1 building was not a "conversion" and thus did not trigger the 2 prohibition in ONc 5 9-3.1115. The Ccurt credits Murphy's testi:sony 3 and holds that a change in use from a generic commercial enterprise 4 to an adult bookstore is not a conversion. Site 23008139 is 5 therefore not affected by ONC 5 9-3.1715. 1 6 Sites 23800194 and 23800123 are both vacant land comprising less; 7 than one acre. The Vintage overlay District requires sites to be of a 9 size greeter than one acre. oMC S 9-3.1960. Site 23808124 is 0. 616 9 acres and thus appears to be too small for use in the Vintage overlay 10 District. Absent the oho-acre limit, this site has no other defects 11 vhich would remove it from the relevant market. Because of the size 12 requirement. however, the Court must find that this site is not 13 potentially available to a generic commercial enterprise. The second 14 site, 23809123 comprises 0.161 acres. This site is not serviced by 15 an existing road. ,AM bef,'s on. P-9. Sites such as this which lack 16 "a proper infrastructure such as sidewalks, r6ads and lighting' are 17 outside the relevant market, rSM TOdanos Prsss. 989 P.3d at 1531. 18 In sun, only one of the 25 sites proposed by the City are, in 19 fact, within the relevant market for a generic commercial business. 20 D. mamoronlEy 21 once the relevant market is properly defined, the Court must 22 then determine whether the market contains an adequate number of 23 potential sites. Id. at 1530, 24 111n determining whether a locality' s zoning scheme provides a reasonable opportunity for expression, courts 25 have looked to a variety of relevant factors, including the (percentage of land theoretically available to adult 26 businesses, the number of sites potentially available in relation to the population of the city, the number of sites 27 compared with the existing number of adult businesses, or 28 19 O81-d EU R d Z88-1 8899-OYE-O91 830318M VAN 11939-majd 2Y:O1 88-92-uef LrjviP)GtON I0�9093916752 JAN 19'S7 15:08 Na .007 F -22 1 the number of businesses desiring to offer adult entertainment . 2 3 4 ") , 912 £.Supp. 1251, 1265 (C.D. Cal. 19951 , aft,d 99 5 rAd 1147 (9th Cit. 1996) . Thera is no constitutional requirement 6 that a city make available a certain number of sites, 7 kgp ,- 2� hC_wCity f T-"1.ann. Mis4_ , 973 r.2d 1255, 1260 t5th 8 Cir. 1992) , or a certain percentage of land. 9 glyd,,. 912 F-5upp_ at 1264 n.9 !holding that the percentage of land 10 is relevant, but het dispositive to the analysis) . - Nor is it 11 "particularly relevant" that almost none of the sites are, in fact, 12 unavailable, because they are currently occupied or because the owner 13 of the site would not rent or sell to an adult business, SL 14 Whether an ordinance provides adequate alternative means of 15 communication is measured according to a raasonableness standard 16 . taking into account "Community needs, the incidence of nude barn in 17 other comparable communities, the goals of the city plan and the kind 18 of -city the plan works towards (sic1 ." 19 -•=_. . F t-rr rnuderda�e, 194 F.2d 1520, 152 (11th Cir. 1986) : 20 , 977 F. supp. 1011, 1019 (c.b. Cal, 21 19971 . Courts facing this question have implied that, at a minimum, 22 there must be more sites available than existing businesses with a 23 .demand for them. $sx 19.4Q.c1311• 49 F.3d at 112l (ordinance pa-mitting 24 at least forty sites for 22 existing businesses was reasonable "as a 25 matter of arithmetic') ) +-+�1 t31yd 2nc_A� GiLv- pf 26 alud na. (" ") 980 F,5upP• 329, 343 IC_D. 27 Cal. 1991) (ordinance permitting 11 to 1s sites sufficient for city 2B 20 O9l-d f2/22'd Z66-1 es99-OrS-091 8393INN VIS39 '1S38-100Jd w ai 66-sd-ref thVINGTON ID:9093916762 Ja11 19'yy 15 :08 No .007 F .23 1 of 135,000 with one existing adult business) . At present, the � 2 Ontario ordinance permits only one site for which the two existing 3 businesses must compete. Even if the 0.616 acre parcel, 23808124. 4 were included, Ontario would permit only two possible locations for S its two existing businesses. This is an unreasonably. and therefore 6 unconstitutionally, low number of sitss. 7 The Court concludes that the City of Ontario' s adult zoning 8 ordinance fails to provide ressonab_e alternative avenues of 9 communication and thus violates the First Amendment of the united 10 States Constitution. made applicable to the states through the 11 Fourteenth Amendment. Defendant is therefore PERMANENTLY ENJOINED 12 from enforcing its current adult business zoning scheme. 13 14 IT i5 50 ORDERED• 16 DATEDi_ 17 6T£ HEN V. WIL5ON UNITED STATES DISTRICT JUDGE 16 I9 20 21 22 23 24 25 26 27 28 21 OBI-d RAZ d Z86-1 BOBS-OVE-092 839310 VISH 'IS39-910Jd WE 60-9E-Uef LAW OFFICES OF BEST BEST 6 KRIEC-1 LLP January 21, 1999 MEMORANDUM TO: Honorable Mayor, rs City Council, and City Manager Ray Diaz FROM: Robert W. Hargreav uty City Attorney RE: Proposed Ordinance to Amend Sections Relating to the Regulation of Adult Entertainment Establishments and Entertainers I. SUMMARY OF PROPOSED ACTION The proposed Ordinance contains a number of provisions intended to update the City's regulation of adult entertainment establishments and entertainers in light of recent judicial decisions, legislation and changes within the zones in which these uses are permitted. As discussed more fully below, the Ordinance will: A. Eliminate the current requirement that adult businesses and entertainers"pre- qualify" by obtaining a permit prior to operating as businesses or entertainers. Recent judicial decisions have rendered this type of requirement unenforceable as a "prior restraint" without sufficiently prompt judicial review. The permit requirement is replaced by a "registration" requirement, through which the City elicits useful information regarding adult businesses and entertainers, but does not pre-qualify them. If the businesses and entertainers do not comply with operational standards, the City will need to seek a court order to enjoin them, rather than simply denying them a permit. B. The "theater exception" is eliminated. Under prior law, cities were able to regulate adult entertainment activities within establishments licensed to sell alcoholic beverages, except"theaters, concert halls, or similar establishments." Recent legislation eliminated the"theater exception" from state codes. This Ordinance will eliminate the "theater exception" from the City's code, and permit regulation of these establishments to the full extent permitted b the Constitution. P Y C. Additional operational standards are adopted to decrease the likelihood of elicit sexual contact at adult entertainment establishments. The regulations include prohibitions of physical contact and tipping between patrons and entertainers. These standards have been adopted by other cities, have been approved by the courts and are considered effective in reducing criminal activity generated by these types of uses. D. The locational standards for adult entertainment establishments within the City are updated to ensure compliance with constitutional standards that require that adequate sites be RNIFU'BV1 A4483 LAW OFFICES OF BEST BEST 5 KRIEr '4 LLP available for adult entertainment establishments. Also, the locational standards are moved to the zoning code from the licensing chapter. H. DISCUSSION A. SUBSTITUTION OF REGISTRATION REQUIREMENT FOR PERMIT REQUIREMENT. The First Amendment requires that municipal decisions limiting expressive activity be subject to prompt judicial review. It was previously believed that if City Council's decisions with respect to licensing of adult entertainment establishments and entertainers were made within a reasonable time (the Palm Desert Ordinance currently provides for a decision within 30 days) that the constitutional requirement was satisfied. In the recent decision, Baby Tam& Company v. City of Las Vegas, 154 F.3d 1097 (9th Cir. 1998), the Ninth Circuit of Appeal invalidated Las Vegas' sexually-oriented business ordinance as a prior restraint, because Nevada state law did not provide. for sufficiently prompt judicial review. Local federal courts have reached similar conclusions with respect to California law. Consequently, it is unlikely that the City can now enforce its adult licensing scheme. More troubling still, the invalidity of the licensing scheme could render invalid the locational and operational standards which are contained in Chapter 5.88. The League of California Cities is currently working with the state legislature and the state judiciary in an attempt to remedy this problem by providing for prompt judicial review of First Amendment licensing decisions. Unfortunately, there is nothing that individual cities can do to remedy this problem, other than to desist from enforcing licensing schemes that involve prior restraints. The proposed Ordinance addresses this concern in two manners. First, in Section 2, the Ordinance suspends the effect of the sections that implement the City's current licensing scheme. These sections can be reactivated once the Baby Tam problem is addressed. Section 3 of the Ordinance adds a new chapter, Chapter 5.89 to the code to provide for the "registration" of adult entertainment establishments and entertainers. The registration procedure is very similar to the current process, except that the issuance of a registration certificate is a ministerial act once the application is completed. As the City makes no decision regarding the qualifications of the applicant, there is no prior restraint and no need for prompt judicial review. Under the current licensing scheme the application is evaluated, and potentially disqualified, based on the applicant's recent conviction of sexually-related offense and/or non- compliance with locational standards. Under the registration process, the City will not have the option of stopping the establishment of an adult entertainment establishment that does not comply with the City's requirements by denying a permit. Instead, the City will receive sufficient information from the applicant to determine compliance, but will be limited to informing the applicant of non-compliance. IWiPUBUL M4483 -2- LAW OFFICES OF BEST BEST & KRIE' 'R LLP If the applicant persists, the City will need to seek a court order restraining operation of a non- compliant business. B. DELETION OF THE THEATER EXCEPTION. Prior to recent legislative amendments, state law provided that municipalities could regulate sexually-oriented entertainment within establishments licensed to sell alcoholic beverages, except establishments deemed to be"a theater, concert hall, or similar establishment primarily devoted to theatrical performances." Section 5.88.2400 of the Municipal Code incorporated the "theater exemption" into the City's regulatory scheme. Unfortunately, some adult entertainment establishments attempted to masquerade as "theaters," generating a considerable amount of non-productive litigation. Upon request of the League of California Cities, in 1998 the legislature adopted AB726, which eliminated the theater exception, and enabled municipalities to regulate adult-oriented entertainment to the full extent permitted by the United States and California Constitutions. Section 4 of the proposed Ordinance takes advantage of AB726 to eliminate the theater exception from the City's code. C. ADDITIONAL OPERATIONAL STANDARDS. Section 5 of the proposed Ordinance adds additional operational standards for adult entertainment establishments that other California cities have adopted, and courts have approved, to diminish harmful secondary effects and reduce opportunities for elicit sexual activity within adult entertainment establishments. These new standards require: • That all indoor areas, except restrooms, be opened to view by management at all times; • That areas within adult entertainment establishments be illuminated by specified minimum amounts of illumination; • That separate restroom facilities be provided for employees and patrons; • That adult entertainers perform on stages separated from patrons; • That there be no physical contact between patrons and entertainers; • Patrons are not allowed to directly tip entertainers; 0 Complete nudity is prohibited; w.Vuev WH\"e3 -3- LAW OFFICES OF BEST BEST & KRIEr I LLP • Security guards may be required if the Chief of Police determines that their presence is necessary to maintain peace and to prevent illegal activity; • Massage, acupuncture, etc. is prohibited at adult entertainment establishments; 0 Security systems are required to monitor and record parking lot areas; and • No views of parking lots and doorways are not to be obstructed. D. UPDATED LOCATIONAL STANDARDS. Sections 6, 7, and 8 of the proposed Ordinance remove the locational standards pertaining to adult entertainment establishments from Chapter 55.88 ("Operation of Adult Entertainment Establishments") to Chapter 25.110 ("Location of Adult Entertainment Establishments"), a new chapter within the zoning code. Including locational and amortization standards with respect to adult entertainment establishments within the zoning code will make the municipal code more coherent, in that zoning issues with respect to adult entertainment establishments will be included along with other zoning requirements in Title 25. This change also has the advantage of insulating the location] standards from invalidation, should the licensing scheme be declared to be invalid due to evolving judicial standards. If so, the City would be in a position to continue to regulate the location of adult entertainment establishments. Conversely, if the locational standards are declared invalid, the City will retain its registration and regulatory scheme. The locational standards are modified to ensure that a constitutionally-sufficient number of sites are available under current circumstances within the service industrial zone. The code currently provides that adult entertainment establishments may locate in the service industrial zone, but at a distance of at least five hundred feet from: (1) churches (2) schools (pre-,primary, and secondary schools; as well as institutions of higher learning) (3) public parks and recreational areas (4) businesses involving on-premises sale of alcoholic beverages (5) other adult entertainment establishments When these location] standards were first enacted, they allowed sufficient sites within the service industrial zone to locate adult entertainment establishments. However, in the intervening years, sensitive uses, particularly churches, have located in the SI zone and have diminished the number of available sites. In order to ensure continued compliance with constitutional standards, it is necessary to amplify the available sites. After reviewing the matter, the Planning Commission recommends that the least objectionable manner of accomplishing this is to eliminate the distance requirements from less sensitive sites: alcohol-related sites and institutions of higher education, that are not frequented by minors. Distance standards are eliminated for churches located within the zone RM'LTWRWK4463 4- . LAW OFFICES OF BEST BEST 6 KRIE 4 LLP after January 1, 1998 and from public/institutional districts, which in this case would be the CVWD sewage treatment plant. Also, adult entertainment establishments will not be allowed on lots fronting on arterial roads(i.e., Cook Street), in order to diminish the obtrusiveness of these uses which may diminish surrounding property values. With these modifications, staff believes that a sufficient number of sites are available to meet current constitutional requirements. E. SEVERABILITY AND CEQA COMPLIANCE. Section 9 of the proposed Ordinance contains a standard "severability" clause which provides that a judicial determination that one part of the Ordinance is unconstitutional will not render unconstitutional the remaining portions of the Ordinance. Section 10 provides a standard CEQA finding that there is no evidence to indicate that the proposed Ordinance will have a significant impact on the environment. RWH:slz cc: David J. Erwin, City Attorney P"UBVt M4483 -5- ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 5.88, ADDING CHAPTER 5.89, AND ADDING CHAPTER 25.110 OF THE PALM DESERT MUNICIPAL CODE REGARDING REGULATION OF ADULT ENTERTAINMENT ESTABLISHMENTS AND ADULT ENTERTAINERS. WHEREAS, Adult Entertainment Establishments require special supervision from the public safety agencies of the City in order to protect and preserve the health, safety, morals and welfare of the Patrons of such businesses as well as the citizens of the City; and WHEREAS, Adult Entertainment Establishments are frequently used for unlawful sexual activities, including prostitution and sexual liaisons of a casual nature; and WHEREAS, the concern over sexually transmitted diseases is a legitimate health concern of the City which demands reasonable regulation of Adult Entertainment Establishments in order to protect the health and well-being of the citizens; and WHEREAS, registration and permitting are legitimate and reasonable means of accountability to ensure that operators of Adult Entertainment Establishments comply with reasonable regulations and to ensure that operators do not knowingly allow their establishments to be used as places of illegal sexual activity or solicitation; and WHEREAS, there is convincing documented evidence that Adult Entertainment Establishments, because of their very nature, have a deleterious effect on both the existing businesses around them and the surrounding residential areas adjacent to them, causing increased crime and the downgrading of property values; and WHEREAS, it is recognized that Adult Entertainment Establishments, due to their nature, have serious objectionable operational characteristics, particularly when they are located in close proximity to each other, thereby contributing to urban blight and downgrading the quality of life in the adjacent area; and WHEREAS, the City Council desires to minimize and control these adverse effects and thereby protect the health, safety, and welfare of the citizenry; protect the citizens from increased crime; preserve the quality of life; preserve the property values and character of surrounding neighborhoods and deter the spread of urban blight; and WHEREAS, it is not the intent of this ordinance to suppress any speech activities protected by the First Amendment, but to enact a content-neutral ordinance which addresses the adverse secondary effects of Adult Entertainment Establishments; and RRXiPUB\RVAN364 4- . II II WHEREAS, it is not the intent of the City Council to condone or legitimize the distribution of obscene material, and the City Council recognizes that state and federal law prohibits the distribution of obscene materials and expects and encourages law enforcement officials to enforce State obscenity statutes against any such illegal activities in the City. In enacting this Chapter, the City Council neither supplants state obscenity legislation nor redefines the state standard for obscene live conduct; and WHEREAS,Baby Tam &Co., Inc. v. City of Las Vegas, 154 F.3d 1097 (9th Cir. 1998) casts doubt on the City's ability to enforce its current requirement for permits for Adult Entertainment Establishments and Adult Entertainers due to the possibility that California courts do not provide sufficiently prompt judicial review of permit decisions. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES ORDAIN AS FOLLOWS: SECTION 1 FINDINGS The City Council of the City of Palm Desert, California, hereby finds that: A. The City Council, in adopting this Chapter, takes legislative notice of the existence, content and findings of the following studies and cases concerning the existence and regulation of adverse secondary effects of Adult Entertainment Establishments in other cities: Phoenix, Arizona (1979); Garden Grove, California(1991);Los Angeles, California(1977); Whittier, California(1978); Indianapolis, Indiana (1984), Minneapolis, Minnesota (1980); Cleveland, Ohio (1977); Oklahoma City, Oklahoma (1986); Amarillo, Texas (1977); Austin, Texas (1986); Beaumont, Texas (1982); Houston, Texas (1983); Seattle, Washington(1989); Tucson, Arizona (1990); State of Minnesota, Attorney General Report (1989); Newport News, Virginia (1996); St. Paul, Minnesota (1987); Corpus Christi, Texas(1995);National Law Center(1995); Young v. American Mini Theaters, Inc., 427 U.S. 50 (1976); City of Renton v. Playtime Theaters, Inc., 47S U.S. 41 (198fi); FW/PBS, Inc. v. City of Dallas, 493 U.S. 215 (1990); and Barnes v. Glen Theater, Inc., 501 U.S. 560 (1991); United States Court of Appeals 9th Circuit decisions, including but not limited to Topanga Press, Inc. v. City of Los Angeles, 989 F.2d IS24(1993); and Spokane Arcade, Inc., v. City of Spokane, 75 F.3 d 663 (1996); several California cases, including but not limited to City of National City v. Weiner, 3 Cal.4th 832(1993);People v. Superior Court, (Lucero) 49 Cal.3d 14 (1989); and City of Vallejo V. AdukBooks, 167 Cal.App.3d 1169(1985); and other federal cases including Mitchell v. Commission on Adult Entertainment Establishment (3rd Cir. 1993) 10 F.3d 123; Hang On, Inc. v. City of Arlington(5th Cir. 1995) 65 F.3d 1248,Lakeland Lounge v. City of Jacksonville (5th Cir. 1992) 973 F.2d 1255;Star Satellite, Inc. v. City of Biloxi (5th Cir. 1986) 779 F.2d 1074;Matney v. County of Kenosha (7th Cir. 1996) 86 F.3d 692; International Eateries of America, Inc. v. Broward County (1 lth Cir. 1991)941 F.2d 1157, US. v. Thevis, 665 F.2d 618 (1982);Kev, Inc. v. Kitsap County (9th Cir. 1986) 793 F.2d 1053; and Colacurcio v. City of Kent, 1998 WL 848036 (9th Cir.); B. The City Council finds that these studies and decisions (hereinafter "Studies") are, in whole or in part, relevant to the problems addressed by the City of Palm Desert in enacting this P2WPUB WM4364 -2- 1 ordinance to reaffirm and strengthen the regulation of the adverse secondary effects of Adult Entertainment Establishments, and more specifically finds that these Studies provide convincing evidence that: l. Adult Entertainment Establishments are linked to and associated with increases in crime rates in those areas in which they are located and in surrounding areas. 2. Both the proximity of Adult Entertainment Establishments to sensitive land uses and the concentration of Adult Entertainment Establishments tend to result in the blighting and deterioration of the areas next to which, and near which, they are located. 3. There is substantial evidence that an increase in crime tends to accompany, concentrate around, and be aggravated by Adult Entertainment Establishments, including but not limited to an increase in the crimes of narcotics distribution and use, prostitution, pandering, and violence against persons and property. The studies from other cities establish convincing evidence that Adult Entertainment Establishments which are not regulated as to permissible locations often have a deleterious effect on nearby businesses and residential areas, causing, among other adverse secondary effects, an increase in crime and a decrease in property values. 4. Based on the forgoing, the City Council finds and determines that special regulation of Adult Entertainment Establishments is necessary to ensure that their adverse secondary effects will not cause or contribute to an increase in crime rates or the blighting or deterioration of the areas in which they are located or surrounding areas. Adult Entertainment Establishments, for example, attract an undue number of transients and thus cause nearby residents and businesses to relocate. The need for such special regulations is based upon the recognition that Adult Entertainment Establishments not only cause adverse secondary effects but have seriously objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances or located in direct proximity to sensitive uses thereby having a deleterious effect upon an adjacent area. It is the purpose and the intent of these regulations to prevent or mitigate such adverse secondary effects which may be caused by Adult Entertainment Establishments. C. The locational requirements established by this Chapter do not unreasonably restrict the establishment or operation of constitutionally protected Adult Entertainment Establishments in the City of Palm Desert. A sufficient and reasonable number of appropriate locations for the operation of Adult Entertainment Establishments will remain available after the enactment of this Chapter. D. In developing this Chapter, the City Council has been mindful of legal principles relating to the regulation of Adult Entertainment Establishments and does not intend to suppress or infringe upon any expressive activities protected by the First Amendment of the United States Constitution or by Article I, Section 2 of the California Constitution, but instead desires to enact reasonable time, place, and manner regulations that address the adverse secondary effects of Adult Entertainment Establishments. wv8ue\ WM43ca -3- E. The City Council also finds that locational criteria alone do not adequately protect-the health, safety and general welfare of the citizens of the City of Palm Desert, and thus certain requirements with respect to the ownership and operation of Adult Entertainment Establishments are in the public interest. In addition to the findings and Studies conducted in other cities regarding increases in crime rates, decreases in property values, and the blighting of areas in which such businesses are located, the City Council also takes legislative notice of the facts recited in the cases of Kev, Inc., v. Kitsap County(9th Cir. 1986) 793 F.2d 1053 and Colacurcio v. City of Kent, 1998 WL 848036 (9th Cir.), regarding how live adult entertainment results in adverse secondary effects such as prostitution, drug dealing, and other law enforcement problems. F. Zoning, permitting, licensing, and other police power regulations are legitimate, reasonable means of accountability to help protect the quality of life in the City of Palm Desert and to help assure that Owners, Operators and Performers of Adult Entertainment Establishments comply with reasonable regulations and are located in places that minimize the adverse secondary effects which naturally accompany the operation of such businesses. G. The City Council recognizes the possible harmful effects on children and minors exposed to the secondary effects of such Adult Entertainment Establishments and the deterioration of respect for family values, and the need and desire of children and minors to stay away from and avoid such businesses, which causes children to be fearful and cautious when walking through or visiting the immediate neighborhood of such businesses. The City Council desires to minimize and control the adverse secondary effects associated with the operation of Adult Entertainment Establishments and thereby protect the health, safety, and welfare of the citizens of Palm Desert; and in particular the health, safety and welfare of children and minors in the City; protect the citizens from increased crime; preserve their quality of life; preserve property values and the character of surrounding neighborhoods and businesses; deter the spread of urban blight and protect against the threat to health from the spread of communicable and sexually transmitted diseases. H. Nothing in this Ordinance is intended to authorize, legalize, or permit the establishment, operation, or maintenance of any business, building, or use which violates any applicable City ordinance or any statute of the State of California relating to public nuisances, unlawful or indecent exposure, sexual conduct, lewdness, obscene or harmful matter, or the exhibition or public display thereof. I. The City Council finds the following in part, based upon its understanding of the judicial decisions and the reports, Studies and other documents in the public record. 1. Evidence indicates that some dancers, models, entertainers, and other persons, who publicly perform Specified Sexual Activities or publicly display Specified Anatomical Areas in Adult Entertainment Establishments, as those terms are defined herein, have been found to engage in sexual activities with Patrons of Adult Entertainment Establishments on the site of the Adult Entertainment Establishments, wv8uav VIM4s64 -4- 2. Evidence indicates that the existence of Adult Entertainment Establishments which permit nudity has been shown in some cities such as Newport Beach and Anaheim, California, to increase the secondary effects of crime and decreased property values. 3. Evidence has demonstrated that entertainers employed by Adult Entertainment Establishments have been found to offer and provide private shows to patrons who, for a price, are permitted to observe and participate with the entertainers in live sex shows; 4. Evidence indicates that entertainers at Adult Entertainment Establishments have been found to engage in acts of prostitution with patrons of the establishment; and 5. Evidence indicates that fully enclosed booths, individual viewing areas, and other small rooms whose interiors cannot be seen from public areas of the Adult Entertainment Establishments regularly have been found to be used as locations for engaging in unlawful sexual activity; 6. As a result of the above, and the increase in the incidence of AIDS and Hepatitis B, which are both sexually transmitted diseases, the City Council has a substantial interest in adopting regulations which will reduce to the greatest extent possible, the possibility for the occurrence of casual sex acts at Adult Entertainment Establishments. I In regulating nudity and semi-nudity in Adult Entertainment Establishments, the City Council does not intend to proscribe the communication of erotic messages or any other communicative element or activity, but rather only to regulate such nudity due to the adverse secondary effects associated therewith; and K. The City Council also finds, as a wholly independent basis, that it has a substantial public interest in preserving societal order and morality, and that such interest is furthered by the regulation of nudity; and L. While the City Council desires to protect the rights conferred by the United States and California Constitutions on Adult Entertainment Establishments, it does so in a manner that ensures the continued and orderly development of property within the City and diminishes, to the greatest extent feasible, those undesirable secondary adverse effects which the Studies have shown to be associated with the development and operation of Adult Entertainment Establishments; and M. The City Council finds that preventing the direct exchange of money between entertainers and patrons also reduces the likelihood of drug and sexual transactions occurring in Adult Entertainment Establishments; and N. Requiring a ten foot separation between entertainers and patrons reduces the likelihood that such persons will negotiate narcotics sales or negotiate for the purpose of engaging in sexual activities or obtaining sexual favors within the Adult Entertainment Establishments; and RWUB\RWn4364 -5- ''. 0. Enclosed or concealed booths and dimly-lit areas within Adult Entertainment Establishments greatly increase the potential for misuse of the premises, including unlawful conduct of a type which facilitates transmission of disease. Requirements that all indoor areas be open to view by management at all times, and that adequate lighting be provided are necessary in order to reduce the opportunity for, and therefore the incidence of illegal conduct within Adult Entertainment Establishments, and to facilitate the inspection of the interior of the premises thereof by law enforcement personnel. SECTION 2 AMENDMENT OF CODE Section 5.88.015 is hereby added to Chapter 5.88 to read as follows: "Section 5.88.015 Suspension of permit requirement. Due to the current uncertainty with respect to the enforceability of prior permits for adult entertainers and establishments, the sections of this chapter that require and enforce permit requirements(i.e., Sections 5.88.030, 5.88.090, 5.88.100, 5.88.110, 5.88.120, 5.88.125, 5.88.130, 5.88.180 and 5.88.190), shall be suspended until such time as the City Council determines that those sections may be properly enforced. To the extent that the remaining sections of this chapter refer to a permit or permit holder, that reference shall be construed to refer to the Registration Certificate required by Chapter 5.89 and to the holder of that Certificate." SECTION 3 AMENDMENT OF CODE s gS Chapter 89 is hereby added to Title 5 of the Palm Desert Municipal Code to read as follows: "Chapter 5.89 REGISTRATION OF ADULT ENTERTAINMENT ESTABLISHMENTS AND ADULT ENTERTAINERS. Sections: 5.89.010 Purpose. 5.89.020 Definitions. 5.89.030 Registration of adult entertainment establishments. 5.89.040 Registration of adult entertainers. 5.89.050 Prohibition of ownership, management, or entertainment by persons recently convicted of sexually-related offenses. 5.89.060 Issuance of registration certificates. 5.89.010. Purpose. The purpose of this chapter is to facilitate regulation of Adult Entertainment Establishments and Adult Entertainers pending resolution of issues regarding the prior-permitting of those establishments and entertainers raised in Baby Tam & Co., Inc. v. City of Las Vegas, 154 F.3d 1097 RMPUTITWHD4364 -6- (9th Cir. 1998). The intention of the registration requirement is to provide enforcement agencies sufficient information to assist them in ensuring that criminal elements do not infiltrate such establishments, that minors are not employed in such establishments, and that the establishments will comply with zoning and operational standards imposed by this Code. Section 5.89.020. Definitions. "Adult Entertainment Establishment" and "Adult Entertainer" shall be defined as in Section 5.88.020. Section 5.89.030. Registration of adult entertainment establishments. A. Any person, association, partnership or corporation desiring to obtain a business license tax certificate for an Adult Entertainment Establishment shall make an application, under oath, to the city manager on a form provided by city manager showing: 1. The name, current permanent residential address and telephone number of the applicant; 2. The business name, proposed business address of the adult entertainment establishment and its telephone number. a. If the applicant is a corporation, the name shall be exactly as set forth in its articles of incorporation and it shall provide a copy of its articles of incorporation. The applicant shall show the name and residence address of each of the officers, directors and each stockholder owning not less than ten percent of the stock of the corporation and the address of the corporation itself, if different than the address of the Adult Entertainment Establishment. The applicant shall show that the corporation is in good standing under the laws of California. b. If the applicant is a partnership, the application shall show the name and residence address of each of the partners, including limited partners and the address of the partnership itself, if different than the address of the adult entertainment establishment; 3. The name and permanent address of the owner of the property upon which the applicant intends to locate the Adult Entertainment Establishment; 4. In the event the applicant is not the owner of record of the real property upon which the Adult Entertainment Establishment is or will be located, the application must be accompanied by a notarized statement from the owner of record of the real property acknowledging that an adult entertainment establishment is or will be located on the property. In addition, the applicant must furnish a copy of the lease or rental agreement pertaining to the premises in which the Adult Entertainment Establishment will be located; 5. The date, hours and location where the adult entertainment establishment is proposed to be conducted, and the admission fee, if any, to be charged; PNVUWRWrn4364 -7- 6. The name(s) of person(s) having the management or supervision of she applicant's business; 7. Whether or not the applicant has ever had any similar license or permit revoked or suspended, or has had any professional or vocational license or permit revoked or suspended, and the reasons therefor, and the business activity or occupation subsequent to such action of suspension or revocation. If the applicant is a corporation, this requirement applies to each of the officers, directors and/or stockholders owning not less than ten percent of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners; 8. Driver's license or other acceptable identification and social security number of the applicant. If the applicant is a corporation, this requirement applies to each of the officers, directors and/or stockholders owning not less than ten percent of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners; 9. Acceptable written proof that the applicant is at least eighteen years of age. If the applicant is a corporation, this requirement applies to each of the officers, directors and/or stockholders owning not less than ten percent of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners; 10. The height, weight, color of eyes, color of hair and date of birth of the applicant. If the applicant is a corporation, this requirement applies to each of the officers, directors and/or stockholders owning not less than ten percent of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners; 11. The business, occupation or employment history of the applicant for the last five-year period immediately preceding the date of filing of the application. If the applicant is a corporation, this requirement applies to each of the officers, directors and/or stockholders owning not less than ten percent of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners, 12. Each residence and business address of the applicant for the five-year period immediately preceding the date of the filing of the application. If the applicant is a corporation, this requirement applies to each of the officers, directors and/or stockholders owning not less than ten percent of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners; 13. One front-face portrait photograph of the applicant at least two inches by two inches and a complete set of applicant's fingerprints which shall be taken by the city police. If the applicant is a corporation, one front-face portrait photograph at least two inches by two inches of all officers directors and stockholders owning not less than ten percent of the stock of the corporation and a complete set of the same officers', directors' and stockholders' fingerprints which shall be taken by the city police. If the applicant is a partnership, one front-face portrait photograph at least two inches by two inches in size of each partner, including limited partners in the partnership, and a complete set be taken by the city police; PMPU 3\RWMA36a -8- 14. A detailed description of the proposed entertainment, including type, of entertainment, number of persons engaged in the entertainment and any further information about the entertainment or entertainers, as the city manager may deem necessary; 15. The name and address of any other adult entertainment establishment owned or operated by any person whose name is required to be given in subsection (A)(1) or (2) of this section; 16. A description of any other business to be operated on the same premises or on adjoining premises owned or controlled by the applicant. If the applicant is a corporation, this requirement applies to each of the officers, directors and/or stockholders owning not less than ten percent of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners; IT Authorization for the city, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the permit; 18. Such other identification and information necessary to discover the truth of the matters required to be set forth in the application, 19. Applicant must furnish for any person whose name is required to be given in subsection(A)(6)of this section the information requested by subsection (A)(1), (9), (10), (11), (12), (13), (14), (15), (16), and (18); 20. Whether the applicant or any other individuals required to be listed on the application has within that two- or a five-year period as specified in Section 5.89.050 immediately preceding the date of the application, been convicted of a specified criminal, and, if so, the specified criminal act involved, the date of conviction and the place of conviction; 21. A sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared, but it must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches; 22. A current certificate and straight-line drawing prepared within thirty days prior to application by a California registered land surveyor depicting the property lines of the proposed adult entertainment establishment and any uses, zones or districts, for which distance standards are in effect pursuant to section 25.110.010. B. The holder of the Registration Certificate for an Adult Entertainment Establishment shall notify the city's code compliance department of each change in any of the data required to be furnished by this section within thirty days after such change occurs." Rh1PUB\RWB4364 -9- Section 5.89.040. Registration of adult entertainers. A. Any person desirous of being engaged as an adult entertainer must first register pursuant to this section. Application shall be made to the City Manager. B. An application for adult entertainment registration certificate shall include the following: 1. . Name, including all names, nicknames and aliases by which the applicant has been known, and residence addresses for the last three years, 2. Social security number, driver's license number, if any, and date of birth; 3. Applicant's weight, height, color of hair and eyes, and sex; 4. Written evidence that the applicant is at least eighteen years of age; 5. Fingerprints of the applicant by the police department; 6. Two front-faced portrait photographs taken within thirty days of the date of application and at least two inches by two inches in size; 7. Whether the applicant has within the two- or five-year period as specified in Section 5.89.050 immediately preceding the date of the application, been convicted of a specified criminal act and, if so, the specified criminal act involved, the date of conviction and the place of conviction. 8. Authorization for the city, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application; 9. Written declaration by the applicant, under penalty of perjury, that the foregoing information contained in the application is true and correct, said declaration being duly dated and signed in the city. (Ord. 770 § 2 (part), 1995)." Section 5.89.050. Prohibition of ownership, management, or entertainment by persons recently convicted of sexually-related offenses. A. "Specified criminal acts" with respect to this chapter means acts which are sexual crimes against children, sexual abuse, rape, or crimes connected with Adult Entertainment Establishments including, but not limited to the distribution of obscenity or material harmful to minors, prostitution or pandering. B. No Adult Entertainment Establishment shall operate within the city, nor shall an Adult Entertainer perform within the city, if any person required to be listed on an application pursuant to Sections 5.89.030 or 5.89.040 has been convicted of a "specified criminal act" for which: RNWLBvtwtnasea -10- 1. Less than two years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a misdemeanor offense for the specified criminal acts; 2. Less than five years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a felony offense, for a specified criminal act; 3. Less than five years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the convictions are of two or more misdemeanors for the specified criminal act occurring within any 24-month period; 4. The fact that a conviction is being appealed shall have no effect on disqualification of the applicant; Section 5.89.060. Issuance of registration certificates. Upon receipt of an application under Section 5.89.030 or 5.89.040, the city manager or his designee shall determine, within two business days, if the information provided is complete. If the information is complete, the city manager shall issue a"registration certificate" indicating that the applicant has complied with the requirements of this chapter. If the information is not complete, the city manager shall provide written notice to the applicant of the reasons for the determination that the application is incomplete." SECTION 4 AMENDMENT OF CODE Section 5.88.240 ("Regulations Not Applicable to Theaters, Concert Halls or Similar Establishments") is hereby deleted in its entirety. SECTION 5 AMENDMENT OF CODE Section 5.88.070 of the Palm Desert Municipal Code shall be amended to add the following: "I. All indoor areas of the adult entertainment establishment within which patrons are permitted, except restrooms, shall be open to view by the management at all times. K. All areas of the adult entertainment establishment which are accessible to the public shall be illuminated at a minimum of the following foot candies, minimally maintained and evenly distributed at ground level: RNVUa\RWM036a -I 1- Area Foot-Candles Bookstores and other retail establishments 20 Theaters and cabarets 5 (except during performances, at which time lighting shall beat least 1.25 foot-candles) Arcades 10 Motels/Hotels 20 (in public areas) Modeling Studios 20 L. Patrons and employees shall not use the same restrooms. The adult entertainment establishment shall provide and maintain separate restroom facilities for male patrons and employees, on the one hand, and female patrons and employees, on the other. Male patrons and employees shall be prohibited from entering any restroom for females, and female patrons and employees shall be prohibited from entering any restroom for males, except when an employee carries out duties of repair, maintenance or cleaning of the restroom facilities. All restrooms shall be free from any adult entertainment materials. No restroom shall contain television monitors or other motion picture or video projection, computers, recording or reproduction equipment. The foregoing provisions of this paragraph shall not apply to a adult entertainment establishment which deals exclusively with sale or rental of adult entertainment materials which are not used or consumed on the premises, such as an adult bookstore, or adult video store, and which does not provide restroom facilities to its patrons or the general public. M. The following additional requirements shall pertain to adult entertainment establishments which provide live performances in adult cabarets or adult theaters: 1. No person shall perform live entertainment for patrons of a adult entertainment establishment except upon a stage at least two feet above the level of the floor which is separated by a distance of at least ten feet from the nearest area occupied by patrons, and no patron shall be permitted within ten feet of the stage while the stage is occupied by an adult entertainer. 2. The adult entertainment establishment shall provide separate dressing room facilities for adult entertainers which are exclusively dedicated to the adult entertainers' use. No public access will be permitted to any dressing room facility. 3. The adult entertainment establishment shall provide an entrance and exit for adult entertainers which is separate from the entrance and exit used by patrons. 4. The adult entertainment establishment shall provide access for adult entertainers between t een the stage and the dressing rooms which is completely separated from the Patrons. If such separate access is not physically feasible, the adult entertainment establishment shall RWUB\xw1-w364 -12- provide a minimum three foot wide walk aisle for entertainers between the dressing room area and the stage, with a railing, fence or other barrier separating the adult entertainers and the entertainers capable of, and which actually results in, preventing any physical contact between patrons and adult entertainers. 5. No adult entertainer, either before, during or after performances, shall have any physical contact with any patron and no patron shall have physical contact with any entertainer either before, during or after performances by such adult entertainer. This subsection shall only apply to physical contact on the premises of the adult entertainment establishment. 6. Fixed rails at least 30 inches in height shall be maintained establishing the separations between adult entertainers and patrons required by this section. 7. No patron shall directly pay or give any gratuity to any adult entertainer and no adult entertainer shall accept any pay or gratuity directly from any patron. Gratuities may be placed in or on receptacles located at least six (6) feet from adult entertainers. N. No operator, owner. or other person with managerial control over an adult entertainment establishment shall permit any person on the premises of an adult entertainment establishment to engage in a live showing of any specified anatomical areas. This provision may not be complied with by applying an opaque covering simulating the appearance of the specified anatomical areas required to be covered. O. No adult entertainment establishment entertainer on the premises of an adult entertainment establishment shall engage in a live showing of any specified anatomical areas. This provision may not be complied with by applying an opaque covering simulating the appearance of the specified anatomical areas required to be covered. P. An adult entertainment establishment shall employ security guards if it is determined by the Chief of Police that their presence is necessary in order to maintain public peace and safety and to prevent any illegal activity from occurring on the premises. Q. The adult entertainment establishment shall not conduct any massage, acupuncture, body wrapping, tattooing, accupressure, fortune-telling or escort services on the premises. R. The adult entertainment establishment shall provide a security system that visually records and monitors all parking lot areas, at all times that the business is open or occupied for business. S.. Views of parking areas and doorways of adult entertainment establishments shall be unobstructed so as to allow visibility of these areas from the public right-of-ways." SECTION 6 AMENDMENT OF CODE RNfl`UMR WH\4364 -13- Sections 5.88.040("Location")and 5.88.060("Amortization of Non-Conforming Uses") are deleted in their entirety. SECTION 7 AMENDMENT OF CODE Section 25.34.020(M) ("Permitted Uses" within Service Industrial Districts) is hereby amended to read as follows: "M. Adult entertainment establishments as permitted by Chapter 5.88 subject to compliance of the specific use with the locational requirements of Chapter 25.110 and parking requirements of Chapter 25.58 of this code (i.e., adult bookstore shall comply with parking required for a bookstore in the general commercial C-1 zone). A parking requirement modification shall be available to businesses which operate only between the hours of five p.m. and five a.m. subject to it being determined by the zoning administrator that there is adequate off-street parking available." SECTION 8 AMENDMENT OF CODE Chapter 2 5.110 is added to the Palm Desert Municipal Code to read as follows: "LOCATION AND AMORTIZATION OF ADULT ENTERTAINMENT ESTABLISHMENTS Section 25.110.010 Location. A. No adult entertainment establishment shall be established in the following locations: I. In any zone other than the SI or service industrial zones, 2. Within five hundred (500) feet of any residential zone or district. 3. Within two hundred (200) feet of any other zone or district except P (Public/Institutional District) which District shall have no separation requirement. 4. Within five hundred (500) feet of any parcel of real property in which is located any of the following uses or-facilities, a. Church, existing as of January 1, 1998, defined in this chapter as any facilities used primarily for worship of any religion, or used for other religious purposes. b. Schools, defined in this chapter as institutions for teaching or caring for minor children(e.g., child care facilities, preschools, day schools, elementary schools, secondary schools, high schools). RWU13 WH\4M4 -14- The aforesaid institutions may be funded and/or operated either by governmental public authorities or by private organizations. C. Public park or recreational facility which means public land which has been designated for park or recreational activities, including but not limited to, a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, open space, wilderness areas or similar public land within the city which is under the control, operation or management of the city park and recreation authorities; 5. On any parcel which fronts on an arterial street. 6. Within five hundred feet of any other adult entertainment establishment; B. The measure of reference distance in this section shall be a straight line from the nearest property line containing the adult entertainment establishment to the nearest property line of an affected use, without regard to intervening structures. C. If an adult entertainment bureau is to serve as a referral service only and no other type of adult entertainment business is conducted on the premises, the bureau shall not be subject to the location requirements of this section, but shall otherwise comply with city requirements with respect to the location of service establishments. Section 5.110.020. Amortization of Nonconforming Uses. The other provisions of this Title 25 dealing with nonconforming uses shall not be applicable to adult entertainment establishments. Instead, the following amortization schedule shall apply to all adult entertainment establishments which do not conform to the terms of this chapter but otherwise are legally existing on the effective date of the action that renders the use nonconforming. A. For an adult entertainment establishment legally existing in the city for a period of no less than six months preceding the effective date of the action: one hundred twenty days; B. For an adult entertainment establishment legally existing within the city for a period of no less than three months preceding the effective date of the action: ninety days. C. For an adult enter tainment establishment legallyexisting within the City for any period up to three months preceding the effective date of the action: sixty days." SECTION 9 SEVERABILITY If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof The City Council hereby determines that it would have P"UB% W436a -15- passed each sentence, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective. SECTION 10 CEQA COMPLIANCE Pursuant to state and local environmental regulations, it has been determined that the regulations encompassed in this ordinance are not considered to have a significant impact on the environment. The proposed action is further deemed to be classified as a Categorically Exemption pursuant to state and City environmental regulation. PASSED, APPROVED AND ADOPTED this day of 19� by the City Council of the City of Palm Desert, California, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ROBERT A. SPIEGEL Mayor City of Palm Desert, California ATTEST: SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California RAOUBTMN364 -16- r off? MUM D a o n 73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260 TELEPHONE(619)346.0611 CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 98-7 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert City Council to consider an amendment to.Chapter 5.88 and Section 25.34.020 (M) and to add Chapter 25.110 of the Palm Desert Municipal Code regarding the location of Adult Entertainment Establishments. ?ages Date 9q 7671 Post-it-Fax dote pfom Phone u X A Fax# . phone N�1 -7 Fax i� / / SAID public hearing will be held on Thursday, January 28, 1999, at 7:00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the Department of Community Development at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. PUBLISH: Desert Sun SHEILA R. GILLIGAN, City Clerk January 16, 1999 City of Palm Desert, California CITY OF PALM DESERT ID : 619-341-7098 JRN 08 ' 99 11 : 33 TdRANSMIT CONFIRMATION REPORT NO . 004 RECEIVER 7607784731 TRANSMITTER CITY OF PALM DESERT DATE JAN 08 ' 99 11 : 33 DURATION 00 '54 MODE STD PAGES 01 RESULT OK Sen-00-89 10:23 From-BEST, BESTA KRIEGER T60-340-6808 T-632 P.01/03 F-518 BEST BEST 6 KRIEGER LI-P •[WOYw.I..N.Yrw. ._nnw_V K,+PY I_4flpr �OYR11wfi� LAWYERS 30700 Roc 00PC GAME. RwTc DR RosT OFFICE. RO,t 1550 SMI O,I:oo . Rt.9RI11RY 1409, ado•1450 RwnCIW MtAAOR,CAL,FORtgA 9YY70 loot 5i5•tao0 _- T[lCPnomr 1700, 500•iR,l v1=0Rvn�E onTwR,e T4CCOV,Co 1760, 34o•0096 t7001 Y�o•VY7 ,RR9,QRR-ROR� ` MMA,BRww C9R THE FOLLOWING DOCUMENT INCLUDING THIS COVER SHEET IS!PACES. PLEASE DELIVER TO: FAX NUMBER: Gcsvw�.� 3 y I _ -� 0 4 THIS DOCUMENT IS FROM: RE: FILE No. MESSAGE: THIS MESSAGE IS rfrMM ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TQ W=lT 15 ADDRESSM AND MAY CDNTANOHORMATTONTHAT IS PRIVR.EGED.CONFOENITAL AND EXEMPT FROM WC14MUZE UNDER APPLICAM LAW. IF NNE READER OP TNIR=$AOE Is NOT THE INTENDED RECIPIENT.YOU ARE IMIRYNOTNIED THAT ANY DISSEMINATION. DMTRIBUTION OR COPYINO OF THIS COMMUNICATION 15 STRICTLY PRQHMT'k IF YOU HAVE RECEIVED THE. OOMMUNKATON INERROR PLEASENOTIFY US D0a3llATMY BY TELEPHONE.AND RETURN THE ORHRNA.MPSRAOE TO US AT THE ABOVE A0ORE38 VU1 THE.U.S.POS AU-SERVICE. THANK YOU RM1ItCS9j777 . An-08-00 10:23 From-BEST, BEST,i KRIEGER 760-340-6608 T-632 P.02/03 F-518 S Views of parking areas and doorways of adult entertainment establishments shall be unobstructed so as to allow visibility of These areas from the public right-of-ways." CRr'T1ON 6 AMENDMENT OF CODE Seamus 5.8&040("Locatioe)and 5.88.060(wAmormation of Non-Conforming Uses") are deleted in their entirety. SFC-110 7 AMENDMENT OF CODE Section 25.34.020(M)("Permitted Uses"within Service industrial Districts) is hereby amended to read as follows- "M Adult entertainment establishments as permitted by Chapter 5.89 subject to compliance of the specific use with the location••l mgWreme T�s of Cba tp er 25 110 and parking requirements of Chapter 25.58 of this code(i e, aduh bookstore shall comply with parking required for a bookstore in the general commercial C-1 zone). A parking requirement modification shall be available to businesses which operate only between the hours of five p.m and five a.m subject to it being determined by the zoning administrator that there is adequate off-street parking available" SECTTON g AMENDMENT OF CODE Chapter 25 110 is added to the Palm Desert Municipal Code To read as follows "LOCATION AND AMORTIZATION OF ADULT ENTERTAINMENT ESTABLISHMENTS Section 25.110.010 Location. A. No adult entertainment establishment shall be established in the following locations 1 in any zone other than the S1 or service industrial zones, 2. Within five hundred(500)feet of any residential zone or district 3 Within two hundred(200)feet of any other zone or district except P (Public/lnstinaional District)which District shall have no separation requirement y,M"JRMi43" -13- . 4•an-06-99 10:23 From-BEST, BESTS KRIEGER T60-340-6698 T-832 P.03/03 F-518 4 Within five hundred (500) feet of any parcel of real property in which is located any of the following uses or facilities, IL Church, odsting as of January 1, 4998. defined in this chapter as any facilities used primarily for worship of any religion, or used for other religious poses b Schools, defined in this chapter as institutions for teaching or caring for minor children (e g., child care facilities, preschools, day, schools, elementary schools, secondary schools, high schools). The aforesaid institutions may be funded and/or operated either by governmental public authorities or by private organizations. c Public park or recreational facility which means public land which has been designated for park or recreational activities, including but not limited to,a park,playground, nature trails, swimming pool, reservoir, athletic field, basketball or terms courts, open space,wilderness areas or similar public land within the city which is under the control, operation or management of the city park and recreation authorities, 5. On any parcel which fronts on arterial streets 6 Within five hundred feet of any other adult entertainment establishment, 13 The measure of reference distance in this section shall be a straight line from The nearest property Pure comaining the aduh entertainment establishment to the nearest property line of an affected use,without regard to intervening structures C If an adult entertainment bureau is to serve as a referral service only and no other type of adult entertainment business is conducted on the premises, the bureau shall not be subject to the location requirements of This section,but shall otherwise comply with city requirements with respect to the location of service establishments Section 5.110.020_ Amortization of Nonconforming Uses. The other provisions ofthis Title 25 dealing with nonconforming uses shall not be applicable to adult entertainment establishments. Instead,the following amortization schedule shall apply to all ji&oV acwrws" -14- M1 CIIY 01 PntM 01 1 R I 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 760 346—o6i L FAX: 760 341-7098 info@palm-de ,t.otg PLANNING COMMISSION MEETING NOTICE OF ACTION Date: January 6, 1999 City of Palm Desert Re: ZOA 98-7 The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of January 5, 1999: PLANNING COMMISSION RECOMMENDED APPROVAL OF ZOA 98-7 TO CITY COUNCIL BY ADOPTION OF RESOLUTION NO. 1911. MOTION CARRIED 3-0- 1 (COMMISSIONER LOPEZ ABSTAINED, COMMISSIONER JONATHAN WAS ABSENT). Any appeal of the above action may be made in writing to the Director of Community Development, City of Palm Desert, within fifteen (15) days of the date of the decision. PH LIP DREL SECRETARY PALM DES ER PLANNING COMMISSION PD/tm cc: Coachella Valley Water District Public Works Department Building & Safety Department Fire Marshal PLANNING COMMISSION RESOLUTION NO. 1911 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF A ZONING ORDINANCE AMENDMENT AS IT RELATES TO MUNICIPAL CODE CHAPTER 5.88 AND SECTION 25.34.020 M AND TO ADD CHAPTER 25.110 REGARDING THE LOCATION OF ADULT ENTERTAINMENT ESTABLISHMENTS. CASE NO. ZOA 98-7 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 1 st day of December, 1998, hold a duly noticed public hearing which was continued to December 15, 1998 and January 5, 1999, to consider the above noted zoning ordinance amendment; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 97-18," in that the Director of Community Development has determined the amendment to be a Class 5 categorical exemption for the purposes of CEQA; and WHEREAS, adult entertainment establishments in the incorporated area of the City of Palm Desert require special supervision from public safety and health agencies of the City and County of Riverside in order to protect and preserve the health, safety and welfare of the patrons of such establishments as well as citizens of the City; and WHEREAS, the city attorney and staff have conducted an extensive review of land use studies concerning the secondary effects of adult entertainment establishments in other cities including, but not limited to, Garden Grove, California (1991 ); Phoenix, Arizona (1986); Minneapolis, Minnesota (1980); Houston, Texas (1983); Indianapolis, Indiana (1984); Amarillo, Texas (1977); City of Los Angeles, California (1977); Cleveland, Ohio (1977); Austin, Texas (1986); Seattle, Washington (1989); Oklahoma City (1986); Beaumont, Texas (1982); and Whittier, California (1978); have conducted its own studies, surveys and questionnaires of real estate appraisers, business persons and residents in Palm Desert; and WHEREAS, from review of the other cities' studies and the City's own surveys and testimony from its citizens, there is convincing documented evidence that adult entertainment establishments, because of their very nature, have a deleterious effect on both existing businesses around them and the surrounding residential areas adjacent to them, causing among other adverse secondary effects, increased crime and downgrading of property values; and WHEREAS, it is recognized that adult entertainment establishments are frequently used for sexual activities including prostitution and for other sexual liaisons of a casual nature in places open to the public; and PLANNING COMMISSION RESOLUTION NO. 1911 WHEREAS, increased crime and unhealthful conduct tend to accompany, concentrate around and be aggravated by adult entertainment establishments; such crime and unhealthful conduct includes but is not limited to prostitution, pandering, exposing minors to harmful materials, possession and distribution of obscene materials and child pornography, possession and sale of controlled substances and violent crimes against persons and property; and WHEREAS, the Planning Commission has considered in part, each of the following matters: (a) areas within close walking distance of single and multiple family dwellings should be free of adult entertainment establishment uses; (b) areas where children could be expected to walk, patronize, or frequent should be free of adult entertainment establishment uses; (c) adult entertainment establishment uses should be located in areas of the City which are not in close proximity to residential uses, churches, parks, or other public facilities and schools regularly frequented by children; (d) the image of the City as a pleasant attractive place to reside will be adversely affected by the presence of adult entertainment establishment uses in close proximity to residential land uses, churches, parks and other public facilities, and schools; (e) adult entertainment establishment uses should be regulated by zoning to separate them from other incompatible uses or uses which detract from other retail businesses, in particular, just as any other land use should be separated from uses with characteristics different from itself; (f) residents of the city and persons who are non- residents but use the city for shopping and other commercial needs will move from the community or shop elsewhere if adult entertainment establishment land uses are allowed to locate in close proximity to residential uses, churches, parks and schools; (g) appraisers familiar with commercial and residential properties in the city have expressed their opinion that the presence of adult entertainment establishments near homes substantially increases crime and substantially decreases property values of such homes, and that location of such businesses in commercial areas tends to detract from the value of nearby commercial properties as well, and at the same time tends to lead to a substantial increase in crime, substantial decrease in safety of women and children, and to detract from the ability to attract other businesses to the area, as well as to detract from the ability of non-adult entertainment establishments to attract customers to the area, and (h) no evidence has been presented to show that location of adult entertainment establishments within the city will improve the commercial viability or quality of life of the community; and WHEREAS, zoning, licensing and other police power regulations are legitimate, reasonable means of accountability to help protect the quality of life in the community and to help assure that all operators of adult entertainment establishments comply with reasonable regulations and are located in places that minimize the adverse secondary effects which naturally accompany the operation of such businesses; and WHEREAS, the City recognizes the possible harmful effects on children and minors exposed to the effects of such businesses and the deterioration of respect for family values, 2 PLANNING COMMISSION RESOLUTION NO. 1911 and the need and desire of children and minors to stay away from and avoid such businesses, which causes children to be fearful and cautious when walking through or visiting in the immediate neighborhood of such businesses; and WHEREAS, the Planning Commission finds that there would be a deterioration in the quality of businesses which choose to operate in and around adult entertainment establishments; and WHEREAS, the Planning Commission desires to minimize and control these adverse secondary effects and thereby protect the health, safety and welfare of the citizens; protect the citizens from increased crime; preserve the quality of life; preserve the property values and the character of surrounding neighborhoods and businesses, deter the spread of urban blight and protect against the threat to health from the spread of communicable and sexually transmitted diseases; and WHEREAS, the Planning Commission has considered the decisions of the United States Supreme Court regarding local regulation of adult entertainment establishments, including but not limited to, Young v. American Mini-Theatres, Inc., 427 U.S. 50 (1976) reh. denied 475 U.S. 1132; FW/PBS, Inc. v. Dallas, 493 U.S. 215 (1990); Barnes v. Glen Theatre, 1 1 1 S. Ct. 2456 (June 21 , 1991 ); and WHEREAS, it is not the intent of the Planning Commission to suppress any speech activities protected by the First Amendment, but to provide content neutral regulations which address the adverse secondary effects of adult entertainment establishments; and WHEREAS, it is not the intent of the Planning Commission to condone or legitimize the distribution of obscene material, and the Commission recognizes that state law prohibits the distribution of obscene materials and expects and encourages law enforcement state and local enforcement officials to enforce state obscenity statutes against such illegal activities in the city; NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1 . That the above recitations are true and correct and constitute the findings of the Commission in this case. 2. That Zoning Ordinance Amendment 98-7 attached hereto as Exhibit "A" is hereby recommended to City Council for approval. 3 PLANNING COMMISSION RESOLUTION NO. 1911 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 5th day of January, 1999, by the following vote, to wit: AYES: BEATY, FINERTY, CAMPBELL NOES: NONE ABSENT: JONATHAN ABSTAIN: LOPEZ l_ SONIA M. CAMPBELL, Chairperson ATTEST: ---- PHILIP DRELL, 9 cretary Palm Desert Planting Commission 4 PLANNING COMMISSION RESOLUTION NO. 1911 EXHIBIT "A" Sections 5.88.040 ("Location") and 5.88.060 ("Amortization of Non-Conforming Uses") are deleted in their entirety. Section 25.34.020(M) ("Permitted Uses" within Service Industrial Districts) is hereby amended to read as follows: "M. Adult entertainment establishments as permitted by Chapter 5.88 subject to compliance of the specific use with the locational requirements of Chapter 25.110 and parking requirements of Chapter 25.58 of this code (i.e., adult bookstore shall comply with parking required for a bookstore in the general commercial C-1 zone). A parking requirement modification shall be available to businesses which operate only between the hours of five p.m. and five a.m. subject to it being determined by the zoning administrator that there is adequate off-street parking available." Chapter 25.110 is added to the Palm Desert Municipal code to read as follows: "LOCATION AND AMORTIZATION OF ADULT ENTERTAINMENT ESTABLISHMENTS Section 25.1 10.010 Location. A. No adult entertainment establishment shall be established in the following locations: 1 . In any zone other than the SI or service industrial zones; 2. Within five hundred (500) feet of any residential zone or district; 3. Within two hundred (200) feet of any other zone or district except P (Public/Institutional District) which District shall have no separation requirement; 4. Within five hundred (500) of any parcel of real property in which is located any of the following uses or facilities, a. Church, existing as of January 1 , 1999, defined in this chapter as any facilities used primarily for worship of any religion, or used for other religious purposes; 5 PLANNING COMMISSION RESOLUTION NO. 1911 b. Schools, defined in this chapter as institutions for teaching or caring for minor children (e.g., child care facilities, preschools, day schools, elementary schools, secondary schools, high schools); The aforesaid institutions may be funded and/or operated either by governmental public authorities or by private organizations. C. Public park or recreational facility means public land which has been designated for park or recreational activities, including but not limited to, a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, open space, wilderness areas or similar public land within the city which is under the control, operation or management of the city park and recreation authorities; 5. Or any parcel which fronts on arterial streets; 6. Within five hundred feet of any other adult entertainment establishment. B. The measure of reference distance in this section shall be a straight line from the nearest property line containing the adult entertainment establishment to the nearest property line of an affected use, without regard to intervening structures; C. If an adult entertainment bureau is to serve as a referral service only and no other type of adult entertainment business is conducted on the premises, the bureau shall not be subject to the location requirements of this section, but shall otherwise comply with city requirements with respect to the location of service establishments. 25.110.020 Amortization of Nonconforming Uses. The other provisions of this Title 25 dealing with nonconforming uses shall not be applicable to adult entertainment establishments. Instead, the following amortization schedule shall apply to all adult entertainment establishments which do not conform to the terms of this chapter but otherwise are legally existing on the effective date of the action that renders the use nonconforming. A. For an adult entertainment establishment legally existing in the city for a period of no less than six months preceding the effective date of the action: one hundred twenty days; 6 PLANNING COMMISSION RESOLUTION NO. 1911 B. For an adult entertainment establishment legally existing within the city for a period of no less than three months preceding the effective date of the action: ninety days. C. For an adult entertainment establishment legally existing within the city for any period up to three months preceding the effective date of the action: sixty days. 7 t MINUTES PALM DESERT PLANNING COMMISSION JANUARY 5, 1999 what was being created. The standard would be a minimum of six spaces per complex plus two spaces for any caretaker unit. He noted that most people park right in front of their storage unit. Chairperson Campbell opened the public hearing and asked if anyone wished to speak in FAVOR or OPPOSITION to this matter. There was no one and the public hearing was closed. Action: It was moved by Commissioner Beaty, seconded by Chairperson Campbell, approving the findings as presented by staff. Motion carried 4-0. It was moved by Commissioner Beaty, seconded by Chairperson Campbell, adopting Planning Commission Resolution No. 1910, recommending to City Council approval of ZOA 98-8. Motion carried 4-0. G. Case No. ZOA 98-7 - CITY OF PALM DESERT, Applicant (Continued from December 1 and December 15, 1998) Request for approval of an amendment to Chapter 5.88 and Section 25.34.020 (M) and to add Chapter 25.110 of the Palm Desert Municipal Code regarding the location of Adult Entertainment Establishments. Mr. Drell noted that there was an omission in the summary sheet that he gave the commission and that was that residential uses would be 500 feet away as well as public parks. The map reflected that condition. The change from the current ordinance which allowed the expansion of available sites was that they moved the protection from the sewage treatment plan, restaurants which provide liquor, the city corporate yard and other public uses. They also moved the distance from vocational schools which didn't cater to minors. In terms of the protection from churches, residences, parks, and a separation distance of 500 feet, those standards were maintained. Staff also noted that the uses would be removed from arterial streets. Mr. Hargreaves informed commission that the subcommittee looked at the different maps and locations and he believed that the map before the commission allowed for sufficient locations for a city the size of Palm Desert, especially given the fact that there hasn't been a demonstrated demand for these kinds of businesses in the city. Also, 18 r y MINUTES PALM DESERT PLANNING COMMISSION JANUARY 5, 1999 the sites and lots available in most cases have multiple sites upon them so there were potentially hundreds of locations within the zone. He felt that complied with the constitutional standards. With that they recommended this to the Planning Commission. Chairperson Campbell noted that the public hearing was open and asked if anyone wished to speak in FAVOR or OPPOSITION to the case. There was no one and the public hearing was closed. Action: It was moved by Commissioner Finerty, seconded by Commissioner Beaty, approving the findings as presented by staff. Motion carried 3-0-1 (Commissioner Lopez abstained). It was moved by Commissioner Finerty, seconded by Commissioner Beaty, adopting Planning Commission Resolution No. 1911 , recommending to City Council approval of ZOA 98-7. Motion carried 3-0-1 (Commissioner Lopez abstained). IX. MISCELLANEOUS None. X. COMMITTEE MEETING UPDATES A. CIVIC CENTER STEERING COMMITTEE - (No meeting) B. DESERT WILLOW COMMITTEE - (No meeting) C. PROJECT AREA 4 COMMITTEE - (No meeting) D. PALM DESERT/RANCHO MIRAGE MONTEREY AVENUE CORRIDOR PLANNING WORK GROUP - (No meeting) E. ZONING ORDINANCE REVIEW COMMITTEE - (No meeting) XI. COMMENTS 1 . Commissioner Beaty asked if a resolution of appreciation was going to be prepared for George Fernandez from the Planning Commission or if 19 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: January 5, 1999, continued from continued from December 15 and December 1 , 1998 CASE NO: ZOA 98-7 REQUEST: Approval of an amendment to Chapter 5.88 and Section_ 25.34.020 (M) and to add Chapter 25.110 of the Palm Desert Municipal Code regarding the location of Adult Entertainment Establishments. APPLICANT: City of Palm Desert I. BACKGROUND: Commission discussed this matter at the above noted regular meetings. At the December 15, 1998 meeting Commission continued the matter and appointed a subcommittee of Chairperson Campbell and Commissioner Finerty to meet with the City Attorney and other experts in th is field. A meeting was to be held at 8:00 a.m. on January 5, 1999. The subcommittee will report on the outcome of the meeting to the Commission. II. RECOMMENDATION: That the Commission direct staff to prepare a resolution pursuant to direction of Planning Commission. Prepared by , _ eve mith Reviewed and Approved by Phil Drell /tm BEST BEST & KRIEGER LLP w ewu.ow,w uNWm uw,Lnv rA,.awBNr iN<LNwNR .wo.orroNwL cowio,w.roNE LAWYERS ARTHUR L. LITTLEWORTH' MARTIN A. MUELLER KIM A. BYRCNS MARYMK:HACL MCLEOD 39700 BOB HOPE DRIVE. SUITE 312 WILLIAM R. 0[WOLPE' J. MICHAEL BUMMCROUR MARY C. OILSTRAS JAMES R. TOUCHSTONE RANCHO MIRAGE. CALIFORNIA 92270 CHRI ITOPMCR L. CARPENTER' SCOTT C. SMITH O. HENRY WELLES STEVEN M. ANDER50M TELEPHONE (780) 568-2611 RICHARD T. ANGER So.. JACK S. CLARKE. JR. DINA O. HARRIS ROBERT L. PATTERSON JOHN O. WANLW' SCAM M. LEWIS' BARBARA R. BARON BRYAN K. SENARD TELEOOPIER (780) 340-6898 MICHAEL D. HARRIS' BRADLEY B. NEUFELD RICHARD T. EGGER PAULA CO. or SOUSA WWW.BBKLAW.COM JOHN E. BROWN' PETER M. BARMACK DEAN DERLCTH JAMIE L. RAYMOND MICHAEL T. AUDELL' MATT M. MORRIS SONIA RUBIO CARVALMO LYSA M. SALTLMAN MICHAEL GRANT' JEFFREY V. DUNN JOHN O. PINKMEY THERESA MAN SAVAGE OF COUNSEL FRANCIS J. BAUM' STEVEN C. DKSAUN PATRICIA BYARS CISNEROS SUSAN M. YOUNT OLEN E. STEPHENB' ANNC T. THOMAS* CRIC L. GARNER' JACOUELINE C. SAILEY MARCO A. MARTINEE OEORDE M. RC TES' DENNIS M. COTA SUSAN D. WIL30N DANNY A. HOEK JOHN C. TOBIN WILLIAM W. 1LOY0. JR. PJI.W.F. PEARCC DAVID J. HANCOCK JOHN P. WALBN DONALD F. ZIMMER' ORCOORY L. HARDKC ROBERT W. HARORCAVtS KAREN M. LEWIS DANICL 0. STEVENSON MCNRT R. KRAFT' KENDALL M. MACVCY C. MICHAEL COWETT MAYLCY C. PETER50M GREGORY A. YLOTNIOK CLARK H. ALSOP BRUCE W. BEACH ROGER K. CRAWFORD DAVID J. ERWIN' ARLENE PRATER SMAWN 0. HAGERTY CMRISTINA L. DYER MICHAEL J. ANDEL 30N. JASON D. OASAREIMER KCITM L. HIGGINS FRANKLIN C. ADAM3 0 OUOLA3 S. PHILLIPS' MARK A. EASTER PIERO C. DALLARDA WILLIAM WOOD MERRILL GREGORY K. WILKIHSOM MICHELLE OUELLETTE DWIGHT M. MONTGOMERY GENE TANAKA KEVIN K. RANDOLPH JAME3 P. MORRIS BASIL T. CHAPMAN CYNTHIA M. GERMANO KEVIN T. COLLINS OFFICES IN VICTOR L. WOLF MARGUERITE S. STRAND CARYN L. CRAIG RIVERBIDC (000) 880-1450 DANIEL E. OLIVIER WILLIAM 0. DAMUNO. JR. DAVID W. NEWMAN HOWARD B. GOLDS KIRK W. SMITH GREGORY K. HANSEM ONTARIO (GOO) 080-8504 STEPHEN F. DEITBCH KYLE A. SNOW JENNIFER T. BUCKMAN RAYMOND BEST (I868-I957) SAN DIEGO IBIOI 525-1300 'ARC E. CMPEY BERNIE L. WILLIAMSON MARIA C. OLESS JAMCS M. KRIEGER 00I3-I11175l VICTOR VLLLC (780) Y45-4127 JOHN R. ROTTSCHAEFCR JAME3 S. GILPIN GLEN W. PRICE EUGENE BEST IIS03-I0811 A .Koi[[[IonwL Cow.owwtlON December 23, 1998 Ms. Karen Holgate 45-865 Pawnee Road Indian Wells, CA 92210 Re: Palm Desert's Adult Entertainment Ordinance Dear Karen: I appreciate your agreeing to meet with us on January 5, 1999, regarding the amendment of the Palm Desert Adult Entertainment Ordinance. As always,the big issue is"how much is enough?" with respect to potential locations. Currently Palm Desert has zoned adult entertainment establishment into its "SI" (Service Industrial) Districts. Because churches and other sensitive uses have located within the Service Industrial zones since the locational standards were put in place, there currently remains only a small member of available sites. We are examining alternatives for providing sufficient sites to meet Constitutional requirements. I have enclosed for your review maps that depict the two available Service Industrial zones with variation of distance requirements. I have also enclosed three recent cases from the Federal District Court in Los Angeles (regarding Simi Valley, Long Beach, and Pasadena) which concern the sufficiency of locational requirements. If you have any questions, please call either myself or Steve Smith of the Palm Desert Community Planning Department (346-0611). RMPUBIRWHW369 bjQV OFFICES OF BEST BEST & KRIEGE LLP ,r Ms. Karen Holgate December 23, 1998 Page 2 As always, I very much appreciate your assistance in this matter. Happy holidays! e ours, ROBERT W. GRPER S of BEST BEST & LLP RWWvcd cc: Steve Smith, City of Palm Desert w C'> cc r*rn r' co m co r 7 r U' O 1 CID n � rn (D RMPUB\RWM4369 SENT BY: 12-16-98 ; 14;49 ;BEST, BEST,& KRIEGER, 76034170984 2/21 90 FA-pp.329 7 (Cite us:IN6 FSgrp.3Z9) 35'1d FAST FOM4DLL BLVD.,INC_,■ City did M otfrially adopt or give sffect to ,left CuG(affi Corporation,Fbbsb f, specific Plain whwh would tl.mge treeing classification T. to eIbw wplww dmxbM at MMILTut. in lgdtt to of Crs's'OF PASADENA.a Mrmidpai 99vtNW11*11, lark of enritme emel impocv repu't (6Dt) for draft waftin M.Paparianq Mayor of the plan as required by California Rnvlranmcnw Quabty Chy of Pdsi ddea,Alvin Lama,Dkeeloe of Act(CF1QA),in lgbt of mdntony Of c(tY's mcpea Char yhnaft and Pnmtllfg of Ilse City draft xpedde plan was imrn winker wbb general plan of Panadetu,old Carol Blmi B6rmmdenp Advmtcc so as to prete sc its adoption in its con-at form,and Plomty for 71re City of obsctt cvidatm thaw clry had Implensmsd city rusidum,DdendaW. ,,:- lams aw draft plan be hod Wpfdved my specific No.(.'V PS-M ARC RMCx. draft plan. Linked States District Court. KING a-1B7.1 C.A.r.nd,,.,:._ CT^ • uVe COffillhlllltml lIQJII TO Oct.6, ro97. o allow topless danclhY. xmiog decision, rams y Resau>.m nonce filed 1 1983 octba 299M City. _r a oak romsa m not pmvuion was revenging city'.existing mining and no rgWmlems rmmany rclared w permieeibk aloe ahjatAve- on ab t butincsae and city's fidure to sorry,,specific plan that would change aerdng an allow agless IQ'LONFMV AND PI.ANNINC 4OP604 dancing at rctawrant. On city's motion for sumaury 414)d M judgrbca,the Dlatrkt Comi,(Mins,l..buid that:(I) itcauumist owner did not have comtilub mW right m city did not of&idly adopt of give effect to draft have its lemperry monad in allow upkss dainim. specific plan: (2) city's delay iF "$Cmootatim of and the., wbm rc.tewfag eemnrr. deskwn, cent specific phn was not solely or anbruadmIf reaun of n.ded only to ask wiretber or not pnvialun was e0egod modvc to pRML r efiffu n owner from rn*wWly related w Pc'm Jb1C Kate objective. asserting It& First ATM!M Red tlgkln; and (3) city's wing and use rrsnictions provided sufficientI51 C(m51T7Uy1ONAL IAW'8%90.415) poumially available Nita for adult Kdoesla In 921,90.4(5) ODA M2s=bJc altemitive avewa of To invoke sejef airimy of city'a decision not to . nnmmtuoicadms adopt ramog dun w'KM allow IWONN dassw% m rconram, Mauram owner we41d have to Smaauy judgment rmtion granted. demOmGa1C dial CIO' irsesdionally aticd to dcptivc owner of 16 es=irc of First Amc dmix rights. p17 M&L78 AND ENVIRONMENTS U.S.C.A.Cmct.Ammid.1. 17IItZ5.lOf2.)) I61 CML RIGIITli 43�240(3) Ghamtts Ibrrkmmutvd Quality Act (CEQA) 78k240(3) ,4,incs completion of omft9nalam al mgaec ¢past '1'o prmre that city ItW adaliatoty oolk in tsd (W befetc specine plan ha implementation of pan adap"speet8e plan with Ylming fbBgge tbm wmdd or cky's guard pt n cm becomC crfecdve. Went's allow topless dancing, Inaden wan m restaurant Am.Col.Pub.lbu.Code k 21000 ct seq. owl"at eb.,duo wlde•s donning WAS protKtcd by Fin[AmondmCol and that this Coudurt vat MAn urtdai pal ZONING AND PLANNING 64m36 Menu in city's decision in clay i..sple m mcinn of specific plan if City mid ghnnr by W�Tance of 414k30 City C.outed root take finding out epocifie plan for evidetur:th.r it WMM leave imbed same decision in ltppicanoudon of pan or on of gemnl peen is Asuavc of any protected conduct.them Clays dxiaim CordfiterN Wilb ckyr gr:meral plan before apccinc Plan could trot be said to be nmmo0mtwml. US.C.A. nniy be ailttpwd. WafI AM.Cd.(iay.Codc q 65454. Coi n.Ancu1. 1. [3]7,QN W(4 AND PLANNING(2=167.1 [61 CIVIL R1Gtet'A 41 20(4) 414t167.1 • Cape.m wait 190 No Claim m Orig.U.S.am-Works SENT BY: 12-16-98 ; 14:49 BEST, BEST,& KRiEGER- 7603417098;# 3/21 9m1 F.Supp•329 rap S j (CAR ac 9W FSupp.3M To prove tot dry had min imnty Innrivt In ran and PaAdng facility. diversion of staff to him oftling apaedfic plan with rpnitg cbenSe that wield priority Itaues. .avd m rnncD plan 9 emv;vona mml allow topic, daub*. burden was eb ",uneard writme. U.S.C.A.COna.Anmd 1. owtcr to smtw Mat topics$&M tg wan pmtrccd by First Am dtocm and that this modua was wbwt ttial [19 ZONING AND piANNINC�+I97.1 mor in City-3 ticcisioa to away Impmmmdm of 414167.1 spowk plan; if City could above by prupunderamx of City'. delay in intli] ommium of sp066c plm that cvldeoce do it would hive[cached sure docuimt in would !Delude rmuld allowing mPtns dmclns at absence of tray prmeeled Ooldim.dim city's decision restaurant war no, wkly on anbaturi>uy reach of could tmt be said to be umonsdtudonad. U.S.C.A. alleged audlve to prevent itsmunm oamu from Coett.Ame d. I. a$sczttng in First AMMkDvt rpm$ to open topless bar, but rider was Weed oa ntmbm of haer■ Idf CON917TMONAL LAW 0a90.d(S) imma 11=1 aimy ab to cnrtsttmd"of W Intl 9UW.4(% aid Wrtiq hLay, diversion of staff to bightf To prove that city had mbiliatorY mWive in rot Purity isun,n0cd m resists$Plarl's ettomn iucotal aolgsiog genre plan with zomW throw that would iu(acb. U.S.C.A.COmt.An¢ad. 1. allow *cos dmclg, Within wen On IOaiament owoet to show thus wpina dt..iag wm pronsted by ipl CON&MTU 40NAl.LAW a 90A(l) F7nt Amondpuer and That OR cooducs w,Ild'naotial 99h90.4(1) factm in city's decieson to deliq irrgnlemeuraaon of In deneausinte whether etity has Provided adult st—ific plan: it City could dui it by preporalc—of bus with reasonable alternate location to satisfy cridpntc tot it would ban reached since dedSiOn in Farm Anrndmcnt naquimtrwnn,court is not in inquire a. sop inuieaed coomw. ram dw's deciekm into wlaabcr.detyfim site is Wmmerml% viable or could nth be mid m be iaeaeatinrtlomt. U.S.C.A. ohy piaeomally m virpaoal to mentally available,but Cast.Ametd. I. mucad is 6tal to mm'idn wbethtr mlaation sites pieAMW to=hilt Duslnol tray be oamidc d pew of (61 ZONING AND FLANKING 41= 167.1 a,ml he>imm zeal antic mtdet ma ohm whether. 414167.1 agm rerhding thaw: sum that may not properly be TO prove that mty had reden" motive in I'm considered to be part of mhwam teal mate mmhet, adopdbg SpWm plan with mniq dump not would Otero are adequate amebor of paeueal reloentbo elite allow toplets da➢Cihld, bmdtn was no restaurant for wmady cziad% bmieeam. U g.c.& ow=to sbDw that wptcss dancing was plu mind pry Coml.Amen'd- L. first Ammlint3d aid that this twrduts was gudahtntid factor is MY" dwWm m delay implcmtmadon td' 9nMNSII711'flctNAL LAW�'r90.4(I) sptciGc plan; if City cam show by pfwlder=Of Lt40.4(1) cwide=ce that it would have tintebtd same tk:e01011 ID Issas of wbalcr poscntial sit"for Ineatim of adult absence of wry Prow ctudeoA,thm city Itdecision bssbeacs wart actually available, were 1110ptetul7 =M ter b: said to Inc umnrdmuesal. U.S.C.A. developed or Improva for Inetdo use,our pbsscamil comt.Areced. 1. adcopaw parking spans were 1flbh.'v11111 to tlydemimaIIam of eolndhdinital adegttcy of aldmative I>f FSDSRAI.CIVIL pltOCftDuIeL 4#�t501 turns avaitum.within rclevaos coal estate mnbi under 170AIaVK city-s=miss rag rictitin. US.C.A.CmmJltamd. 1. cny'a motivation for nwtltts Iand um durum any be dal CON6TffU710NAL LAW�90.d(Q dcmmdmd m aunmovy iudbuaa. fit] 92MAM INICOKYrIa4 nUNALLAW 4---90AM (k= poomtidly available; praperdae far location of 92M.4(5) ameh bodierssa iirAt, zaniog reatriodom have boon mf-, allay in Wericuutwa of*Pmiifie Plan dui located wirMn relevant real caoate enadoet,thine is no would taelude rcmning abowbg mpieu ""ciag at bright lint nue as to simlcr of sites or percrnugc of rraravam will not an" of edbam®a0y react of land arm ncfaatary to cstahusn reasmahic aluernatirc alleged tit b c to p=cM restaurant mrrer hens avemnts at amemnicotim under Plot Ame dmtm. amrttnE is Fuss Amerdimm dour to open toplem U.S.C.A.Cnnst.Arumd. t. bar. but remtr was bared on munbes of taetma CONbI' OTIONAL LAW�90A(l) hchalitls 1m aWnO' as to CmWUctimt of light rail pit] Cutpr.O Weal 1998 No Clam m Orig.U.S.Cant Warps SENT BY: 12-16-98 ; 14:49 ;BEST, BEST,& KRIM- 7603417098;# 4/21 ' a80 F.Srrpp.329 �9 (act ne;9db FSopp.329) 7Lf90.4(1) The faaa of d"cue arc web known to ft parties EWs nmug and one ngulcdom. allowing a 1-16 and do Out need to he ranged berg. A brief summary adult t>.sincsm to Operate dMinmoruiy in city with of dO(net,nelevent W the msrad minim Follows. population of 135AIm,provided sulf1cfent Paemlally eye"lle situ fin adult businenci to afford Plaintiff, 35w Esu Foothill Blvd.. Inc. ('PltirdlC) reaanmble ahernaivc a,anse, of ennmmieatlon is a California wrpw.6= that owns 20flVmnty under First Aacodmetlli ordnarux, did out myutre Gard,.-.,Club. fmmmry knows a the Bob Ifol airy exisin adult busmen un Onto down only we cafe; a restmnmlAmogdba<in dn: D kiadaat Cky adult bu5i=s was currently located in city, 94% of Of P+uaeeoa("Chy*).fMinfi n rfaauram otter am- dry's Ned arm was daRcated to rGtidaunal and pddte adult bve w4crdinmud.irtdudhta.ae a result of tint me. and ally me appliWion for new adult business Coureg prim Order. 'bikini dareltg- Plaintiff now lral been made In lag[ tin years. U.5.C.A. speb w expand do rasatran's bminea m Include de Conn.Arnenl. L ttrpkaw dancing,wmleh would ruder the'20lParenty" on 'adult buffing,,' under Paadatu Mtmi %W Code [121 YW' MG AND PUNNING 4P76 ('P.M,C."14 17.16A50. 41476 City,, aotdng sad use restrictions, allowing ll-lo The CRY Wells Wad Plaintiff CUM offer daub adult ba i ester to Macrate sitnelanamudy in city wilb aftW meat bteallse 1110 '20fl*CWY1 m not in do V7.1stlm Of 135.(a)0. prmided WfGeiem pokn6ally nppapetatc ally ran am buslnesdu. 76e City araidabk shed for oduli husneesce m afford clams that The-IWTWmq'"la Waled In all 1110=1id rcas,mbre altmwri.e avcuvo of earanenleatiuu Geoual("IG') zone, where adult buslnesses an:mf under Pine Ammdmesn; oat— dd nr require permitted. See P.M.C. 44 17.25AM& 17.32.030. any ewiatn% aduh bungs w amn down. ,mly me Under The P.M.C., adult businesses are perzand .dull bulloW Were Qlranay locoed In city. 547E of Only in ConorOucial General (*CC') lows. M. city',land area win d Wk-dMd W ruldemial and public Therefore,if the City is twrrea in stating That tlm'20/ mac,and mdy One spplitatirm Tor Mur tiddl blSlnesa Twenty' I. L—a d in On IG Zone. plains ff is not had been made m Ivt ten year. U.S.C-A. pmrtsued n offer adult eaemairmax at the '201 CuxwLAread. 1. Twcnly'a'Cmrortl latmrm. -MD Roger J.Dlamwd.Sane afoul-.CA,Edward A.Wcim,Anaheim,CA,for plaintiff. HaweNx,Plnlotilf dltWua awn iu tmi esa is lucwed I.an IG rare. FleWIR awaits Nat.as of)arsry 23, 'rr=y Webb, Acting City Alty., for Chy M t99S, tin: laasdwa city Coon ll gave cr['ea m an Pasadm. Eeolsmia Kaufman, Dews R. Amdrewa, 'Interim Est Pasadns Specific Plan' CSpwifte PTeilich.Kanh= Pox&Sohjp.].mr Angeles,CA, Fbn-) which cbangcd the sus In whieb P1ebNrfs fof defentIm busmen In Toeated m a CO .are. Alamwfivdy. Plaintiff eoddlds Nat me Chy cue dehyed fw OEDkiR Ric DFFFNDANT CTIT OF implenanutiun of that "East Pasadena Specific Plan' PA.SADENA'S MOMON FOR SUMMARY fin tits pmpm of "prcv oft and probibiamg )UDGMENI OR IN THE PWgdff ham pTtacrtdtg Wphaa dancing at Its place of ALTBRNAMVEPARTIALSUMMARY bgsluras.' supp. Comp. u 1 14. Fortwumtc, )(IDGMENT Plaintiff olegm dial even If hs busirrss is nod Incased in a CG ante.Nc City's enin adnh business zoning COLLINS,District ludge. gebme is o,,cm tioNmal becaute 11 prafts Tao fewer pe®iesdile localions for adult businesses. dcM" Ddawam's molkm!a summury pdgmeas Or in the them a reatow3sk OPPormmmY fin exprcasinn in alloratuvo Pmtiat summary Judgment —a'c Ole violation of din free speerb and due proses clamtl Of regnwy for tuning Won!Nla Coat nn 09WI e,6. the First and Fourccnh ammdmm*- 'ILerdom, I997. After aviewirlg the materials aulmllned by Nc Piximiff emu that it la entitled to offer Mdult parries, argw.nt, of eatmsel, and the wee file. h is eft, regaadlea Of the acne in WWCh iu &Ml hereby ORDERED (brat Deendam's mndon Is tantness is lutaued. , GRANTED. On AUFmt 21, I995. Plshldtf Sled a Crmplaimt 1.Factual and Procedural Background agmttt ndeudma, nc Chy of Pawudma COY"). under 42 U.S.C- 4 IM, aeekbug a dealarl ory Ccpr.4)West 1999 No Claim to Otig. U.S.cwt.Works SENT BY: 12-16-38 ; 14:50 ;BEST, BEST,& KRIEGER 7603417098;# 5/21 91m F.SupP.329 Pape ID. [I]te®:789 F.BHpy.399,'J3l) PrdBn,d that Psmati a's WWI bnslmss toning Pla;milfa bmimeav is now in the moan ravi g for ao ordiwuaa, con liaoml toe penult nW WC adult lumina: (2)*hWwr the predum;raie I ulme omatelmmem peanut, mdimot= are Untaaadtutional of tine Ciry'a faitum to adnpr rho ElAt PaiilblW on ntetr tb ncc. In addition m a dectuaw"judpa . Apecmc Plan is Inyxcmi Plaintiff from etettarimL•is Plaintiff atefo lejImutive relief, danugcr, ,ma, and Tarot Amendment liglda; and (3) wkd m Were m atnttrey's for unler 42 U.S.C.g 1985. On MIA- mffdent alturs uive sties in the City for ad,nh 17, 1995, Plairiff filed o Find Amended ComPlaon buai,srxa to luau In PM"do them Wise a neaaomble r'FAC")an the same grounds,me"shaar relief, og ortaney fir eatprrmion. On July 2D, 1997. bin addifimalty rnii=fing a doclamtory pdgmcm Wet Plaintiff riled an Opposition to the C1pr's Motion ter the -2WTWCM' is Waced in it CG mn4 thief the Summary Jodgmt.'nr. The Cdy filed a Repty on "Specific Plan.-(FNII Supteseber29.1997. FNI. On Nownhe, 16, 1995. the City need an fN2 0n July 2S.199r,th;City mod en Anwar to Answer to PWrdiH's RM Amdt9r9 Cmrytaim. To Plaintiff"SWpplone(w"I"N. Inn Aawa, its Aawer.J1eimduM dtmalstd a it Y I". Wasters dmmxkd a Jury mid Alto on WOW 17, 199S, PldrriR Applied for A U.Dirtasssion A.Sltlnmaly lud�r Staadmd anAporery rnUaiting order (q1v) to enimn aaforrmrrand of Pasadcoa'a andttmml use petmit and liw ntevrainmooet pent¢ordinsaaA. On OcWW 26. It is the burden 9f 11IC Petry Who movo fur summary 1995, the Court Farmal Plaindfre TRO. that pWguent in atablish rhel Mcm is'no gendatc isauc of oatsimpa flit cdot� of the CSty'a permeating awdorial fact,and that the moving pally it MOM In mdinwerx. In ilia tame Order.the tawrt emuobdded jApnem as a ttatmr of law.' Fed-R.M.P. 500: tic ,del on taw therm of Plaintiff's ca llat4doml British Airways Rd. v. Reuling Co.. 585 F.2d 940. chaileW In ft pemiuing oMmaDzs With tits 951 (9W ar.1978), art. dared, 440 U.S. 981. 99 lavasitg on Plarmdrra appladion fm a preliminary S.Ce 1790, 6D LF.2d 241 (1979). if ON rsovitg injumtion a8aimr tar[noeeeem of the City's mutt part'has dv;bot'dG6 of prod al trial(dm olkinid'oo a mmog mdiruore. 21W cwenlidated trim ard hMrma claim for relief, or the defendant on an A111016" mart plea btfoe the Court on Nun ntbcr 17. 1995. dcramte), dr; rnovirm Party mast ntmkc a aMW1119 In is Novunber 27, 1995 Order(autcu"by Minn ft: sufficirna for ale oorrrt to hold that m nyrarblc trier Order on December 12, 1995)da Court Pcomaacmhy of foot could find mlaf than for rho Staving I-Ay. enjincd tit City Gam eulufft is coadidoul use (;aldernrc v. United Stator. 799 Schwerd 2 4.S 559(ty Darin[ earl five mmaiamem osdhmw-s�0 Pbil Qr.1986)UrderotLc Federal BUYa: Da1Mmg Genuine eVressive acMritka pruwted by udprient A=Itdmem. 10 its D1> mbcl 20, 1995 '332 Ord;T, Issues o1 Material Ph , 9D F.H.D. KS. 4111-g at Court wxkd Pwalrrs Appllcatiun for pmliminary (1714)). The mom that,if tin:wing Iw1y has the ;npmtatom ordering the CjW to apply tenths of the bmdm of proof at trial, than parry much saahlah 'Specific Plan'chartgirg its bWDM'mnc rum 10 10 beym l pcmdrem m An of da txa;mlal demema or CG and denied Plaintiffs apP)iralioo for an hdwclfun mg claim or mum to Wairaal judgment in alai %mmat the CSry'4 enforamem of its adult busIMS pUWIS ry Sall ). F�orWhn CV., 80 COMM .2d a reaGasune most vieW ft evidence pMeMed to C51adith tb A; On Aycd 26, 1997. Pl:euff filed a SUPplemennl eltmus" 'datmngh OC prism of the subdim4(ve cwviaim alleg.% that the f5ty has inlayed cvidem iary b rdm' Andawn V. 113M lobby: oampiedun of the Fina roamed impact Repot Ion..477 U.S. 242. 252. 106 S.Ct. Z50. 211Z. 91 muctsury to Woad its Gmcral tan to nchievo L.rA2d 202(1956). consistency whh Inc 'Raw veadmu, Spctabc Plan" for the prMotmmte Form of prevcasing Plaintiff if elm oppooem)tie dw hordmi of plod at gal, then boa,paamnvg tiquas dancing. (FN21 On July 22, the moving parer bag no burden to regste We r 997, the City Mod the ®had aamm fo amatory opLa t'a dai+n. CCIMN Corp.V.Caaea.477 U.S. pdgumm of m he aiacmui• partial summary 317.323. Ion S.Ct. Wit.2552-53,91 LEd.2d 265 }t &VAM oa the MM mmainung ants in d,%rare: 119Q. 1n other Words. don movhg Party does arm (I)whether lee City bon given ellbct so dw January bare don burden to prode'e toy avidera=ahowigg dw 23, 1995 Draft East Famaem Specific Plan such Wet Arm of a goadne Issue of 11111raial mct. Id. as Copt.0 WWI 19N No Claim ro Orig. U.S.Coot.Works SENT BY' 12-16-88 ; 14:50 ;BEST, BEST,& KRIEt - 7603417098;# 6/21 9a0 P.SupP.329 196e I1 (Cite oat m FSupp.329.*UI) 325, 196 S.Ct. at 2S53-54. 'Insva6. ... On burden FAR bcfmc■specific plan fin bocome effective. Set W gyi mpvi% party nny be doe6.tw M A 11,aL sad Regitard Monier e. City of Los 'AhUwf --that is, Pofedae out m 0- district court- AnOck 16 Cal.AppAth 630. 640, 20 Cal.Rptr.2d OW tlmrc is en absancc M evid"we to cuppat tine 229 (1993) ('Ae M is raryired wismso er a pubic nmanoviTT pArty'a Wee.' id. elp flCY PIWOKe to approve on carry an Raw priviod mbicb cosy bAYO 8 dPMC4 n ei6ect an .cite Gape da rmromg party satisfies Ibis hdtW burden, smviaaaamt.'I. rw�cim m. the Chy Ctnpca matt 'an adverse party my rot tot VM me mere matte a fnafag that do specific plan Is COeshtem with aliepliom as dea Ws of the adverse paM 4 lik"W the Cily's Caporal Plan before the"Ifle plan may ... tTJhe adverst: parry's W11110se ... ffWt set forth too Adopted. Id. ter 641, 20 Cal.ltpr.zd 228; Wedliic facts!Lowing dnl we Is a moulae issue fur Gov'I.Crak§65434. trial." ped.ILCivy- 56(e) (cie"mis added). A •Semi!;aced" of mater)d faa emit&Oolp wino the [3) to support of it,motion for smmmory judgment, warrior a party makes a sufficient &, Aing m me C11y seta krdt cvW=c m eausbllah that We csah a lish or eendal elemcrd to that PwlY a case,and Specific Plan has surf been of5pially Adopted in oat which that party tviatld beer ilm burden of proof at accmdanpe wlfh Califmidil law. First,the Catty puiab trial. c icita, 477 LI.S. in 322-23. 106 S.Ct. at to a dell of an'WtW SaIdY' Of th aPlmwd Dmft 2S72d3. -ILA ni= eaistenee at a w!DdBr of Girt Pm&m SPecffm Plan which Awn imt ft ovldeecc in support of the piamtirri position *.W 'phopmW prclecr MAY have a sigulfkaat Wool ad1 win be Wuffickng three mute be-id—on which a the envinu mein, and a ENVIW)NMPNT IMPACT m..ble jury could itmorabty fart fir plaintiff.' REPORT IS mrNired' (eo4liaus in Oiigird),m well Adcnrm,477 U.s. to 252, 106 S-a-a 2312- 711c: u a memmandem to C.ml Uurd. Amseim Plauncr, eviticnrs of the aarmavan is to be bdleved.And all from Nancy Key. Sr. phonier. Bavirteanmt. jo ldflable infoicr om,are m be drawn in his favor. Id. repardbng the Iintial Study of the Specific Flan.dated at 248, lO6 S.CL at 2510; Criffeth v.11"Powu& AA 3. 1995, in which Also aEtcca Ural an EIR ie IIgM Ca.,226 P.7A 661,669(9il Cit.1955). Headed_ City Men.ors 13-14. The requimd OR puss not been Omrwkted to dare,and dm the City Ism not B.Analysis yet anatpbed with Ote ropilremeem of CRQUA it, order to adopt the plan In the im m case, it is the maanvkg pany- pUlo iff.-wlm bras the btado of proof at oust purmename, we City'. designated expert wltoeea. Ttaa.to prevail an Ibis motion.the coming dcfi edam, Lloyd 7nls,bag dedamd that vthc tent recent vmidn the City. must [dolly ealabllsh dial Ocre is an of toe Draft meet Pagatams Specific Plan is Absence of evidence in support Plaiml lfS clabm. TO inmosistent with cite aMpted City of Pasadnw awacorne dus motion for sumimry 11141111m pw= Cicanrd PIM.1 Zole Decl. of 1 3(c). 'p)cicaOe, odor then lot forth sufficient emden:c fur which a accondug to Cslififfma law,aI, specific Pan could rrsroambie jury could scan nably fird in ilk favor. not have tteen adapted. Not Oily have brae terra Oo (hangs or its coasincricy with the Omacml Flan,the plaintiff alleges muses Of Roden pmsuam W Section Specific Plan Is acUWly lomm[Ruaa with the Oueral IM of Titk 42 of the Uufal Stets Cdk.'Me Carat Play Attmdiog to fM Llw.s capefC . Addresses tack of Plamlifrt tcullin g claims in wm. In Addition. One City'! Director of Plamting and 1. ,io,,s Lmplen+comdtd of III, Rant Pasadeim Peinuabte.Alvin D.]arm,points out thsC Specific Plan On January 23. 105. the Coy Council by Motion tirWorimd staff a move forward w bring back On 111121 Tlc City eomnds that As A MR=Of law it has ilc ccainea'a aeeod s an Soft Patadeaa Spocifie nor given!trees w 0m ram"23, t9y5 version of 11d Plms pnwt riry m ;a d6deim the Ciatncil was Din gags paaadern Specific pm,sad Asia Plaltdlffa pr¢cmted with a dram of din sp dine pl:m,dust had Indians Loa not bron rammed CO. City Mot. at been reviewed by the City'" Pla indng Camatdssioa, 233-5. A specific PIN is deSIP011 far she Byslrana4c amnia dicta. Council was ukd to give aeopkan laffon cif a City's Gellug PlAn for part or an caaecPamt apprmaf to the rpmdlic phut,w ram Buff Of the area covered by the General Plan. Ca. could vademse fomLer ateps remotasary DO afiow for OOdt.Cudr 4 6%50. The California linvaoumemtal im fw>bcr review aid hopefid a(4Omal by due Qualify Act(-CEQA')requires Oc oomPlciim of an Co®o0. Spxci6cagy. Coanscl d6L=tcd me City Cupr,0 Wra1 199U No Claim to orig.U.S.GovL Worts SENT BY: 12-16-38 ; 14:51 ;BEST, BEST,& KRIEGER, 7603417098;# 7/21 Silo F.Supp.129 Page 12 (cite as:gild F.Supp,329.ON13) mP'W: a.ps pac an Fmironneand Impact Ravin lammny 23. 1995. at wlmnh time Ile City Cnwetl on the pmjco; b.Prapafa PrePOSM WHEWMnnts W approved da: Draft Plan. KaltweLalet Deal. at 1 g; the City's General Ran W .:hicwe casniatency gteA (cla, Council Minutes lamuty 23. 199S). between die 0334 General Plan and We East 1FN31 Plaintiff amens that this meeting We effect W Pase6em Specific,Plan: and e. Pmpae p uMed de Specific Plan,mat ails the Spaafic Plan avow bears _ atleadacds to the city's Zal ft Ordnance. 'fate m•i wft ethctivc dale'of rammry 23,199S. 7111a 17 of dw City's Municipal Code, W at wan January dmft fraCA: condsttacy hawetn the City's san iag and the Fast Patadem specific Plana mgalauoas and PN3. 7n anaas dish. dso tk City Lbwetl'a desi3natiam. maim to ap. gaff r=amw4�M wilt mart Ikel.all 16. u.mir.aa. Induuine am rmumrhanauton by n.e Ciw Havaa a Mhalm stair"to initial deaaral Plan Ammmmtu7 m Wilkie Mostshmuy barn tk The City tlau argues that dhc Gant Plm wit ant tamaal Plan am de r5raa tan P.+.Jum Spoelfic st proved by die City CMVA Instead,The City gave pt�-Zdesu.bf Md.nil.H,w sJss. •a nactou l Approval-W a draft plan in order to begin its, process teeamry for its final Approval. Fogging the interim effmWa dam of Me Specific Parthermmore.a specific plm nray nm he adapted by a Pfau, wlaaever bass use ragulatim andlea mmloo, his nail be .dgAcd in oocordanra with devdopanean samta&a.c imposed.me same shall procedures followed in adoptim a (leausl Ran On mtanol Ise USe and tkmlopa.r k of ad lea as the Adhmadve malodty vac of the phonics Specific Plan area, to de =I=- of the Comminimi). or by a resotudan a mdmocc. rcipadin.adkt drxk mono mndaTde aastaincd r:odt.Code fl 65354.65433. in the City of Pa3R&m zonalg Case .... m Ile cstcm m arty intrnslon of tam Pmaulls 7amtog Pwmlfl Us W present ray cvwd to uabush dal Code Is inconsistent with AAY Provision of the the Cary did adopt the East Puadrm Specific Flan. In Specific plan. fad, Pldutff pram= deposition tmti®y of Carat K21tis haler Dan.Eft.I aI59, Hum fferhmtdta'.,an Associate;Pluaer,In which W. flemaodea mspoMcd'yca'to the tpwstim,'would it This,it is plaintiff s position(bat a Caodae ISrua of be Your opinion that,in effect,the Mapping of the RIK aaasrial fad esicu a to whether do S MMIC Plan I1111 ' process, f it all Peal lucpnsm,Stopped are andle been given offrct by die city, such that the process of lmpieincittittiop of the spmirle Plan...7', deaigmtion by the SPecifm Plea of its lmioeas as . Kaltaadukr Dal.at Fs.L 70:6-11. Thus,Plaimilf is within dw CG tsar conbnla. ancac tat the Spaif c Flan eiadd hot have bcm off,iAOy adopted in eahpt oic wb11 CaUfortila law. Bowa,,, insindff 6,,,ant present am evidence W Additionally, Plaintiff tmreded at 1ht pfel"lioary contradict lambs'sumn,74 thu: itgunction bearing in this Court on Nnv®btf 17. Thu Draft Eaat Puadrm Sprxife Plan dated 1995. Thal die Spccifc Plan° was never ectialty January 23.1995-.-Is M.us plaintiff cuaµads,the >.kyhled by the lksadam City Council. Sac 3570 Fiats ,haft mot waa before tic/sty Council on thin daft. F.W@l Blvd..lne.v. City of Pasadena.012[•Sapp. lIntawt, it is the mat ream draft, prepared 1257. 1261(C.D.Ca1.1995). anhaeauaa at thc Janaay nhreting. It was Shim this date W Mn=die fsa titan lanwry 23, h9'95 is the [Mead. Plaintiff alas to cmbhinh in its Opptaaim tut date dint my public foam or public'mtstirtg the thc City pre dkct In sto*merkn Bast Pacada art was Ia;W to gin ihpd On,me downturn. 'law drag ' Specific Rm.- Ptah iff submits the Aawsss Ret,m+ a339 aft was lief n tax City ctiumdl on Jaimmy hat, the City Manor to lice CIW Causal dead 23. 1995 was Ratul Dla cmkr 14,1994. lanw*y 23, 1995. m mat capon.the ChY MAnall- laurel Dial.illy 18. mcaammm b that the Citycotmen approve the Drag But pmadeoa Specific Plm and recmtmotdo to Its Raba, in StAteirvmt of Gettuitne IssmY Plaintiff be Utan that'de Draft r.x Pas Plan Specific Plan meruly t the MY's ca[dahetan and refem m de dC uddard far g its l a adoption dso Kakcrahaler declarations. PI. Sant.of Gen. Imurs At doncluu tern ptand'ag its 6hia1 adopdan at abe mrr]tmioa of the "aPatl reptrtl 1 32. Hesvetn>•, aowfero ie the Ifalttttt0nler proaata" Kahmebahr Dist. Es. O. PlaitmfE thus dmlaratioa has Raintiff provided evidem to dispute oomotWA do die Draft Ran was siren effect m of the JaIDR tkehradm F.,.Aivnmm, the City points Colo.0 Wain Im. No Claim to Ong.U.S.Gum.Woks SENT BY: 12-16-98 : 14:51 BEST, BEST,& KRIEGER- 76O3417O98i# 8/21 90 F.Supp.3" rw 13 (Cite mt 990 P.Supp 329,a334 ono tbm the firan Pnar Pawdm Spmfic vim awed Pan to yweifa form m inma=1100111119 drat Oic ma be given Inaction effect under C001711a LAW. City hm:pposw Such now sit. IFMI Boo, a maing that do tecommend■tlan was 2. Cld'e Motivation in Wire in adept the Ent as PWnW amcrds, Flsmtiff has hued w present c•bence dm the City did in flea Imphanent Pu.dena Specific Plan the spathe Plea Notation io its L)R-ition or fht KalCnhalef dalaraGm does PWMW point w a.Standard amMhuerda ,nark no the Crmrrel Plan in order w aellkve comllcicy,with U-Specific flan,or to urn 141(-.9 P1airtII eamends that dw Prcdoutirosc rtron Chy's �pinval of iK 11sCls in atmtdatrt with the that the My has nut taken meawrea, Guth as splxllic Pun's wore pfovig(om. 'HIM WOMMIa Prevent Pl do OR, w cnad Ike SPadfse plan Ss w tint tie City -cndiucs ID nt:view all dcvdapmertt villa of imN goal pnsenaog ,api� dancing In proposals in the no encompassed by the Past vieladoa of is F9mt Ama�ncra ri8ora. ibe slpeelOc Paeadcoa Sped& Pb" porwant So the existing Pun,as a zealot/land tw:nsmdfe as rbOW fir Fix Zoning and Germ al Plan" James Ikcl. al 22. Pasadaa one from 10 to CC, dots rot lmpficaee a that ., tatrootudmal rlglt. Ism den rot Ph miff d auga me With tics statement, Aa at "[opimminty for sotno Projects mho City Isla allowed have a ceaSl)mtiaml right to hew%to propmry carted P,ajr.ib In go forward and has Inwood them as(hough CO. When icvicwing Sch a decision,Ihue(M. the us, Prnpe,d wee already reamed.CC.T Pl. Sunt. CDtltt MW otdy 2sk 'wiedcr or not the provtsfon is Gat. haven at 9 36, Plaintiff offers tic Kaltenthelor tatiodelly It:WW W a permisift sidle objective." dcdaradm as cvialaea of that Projeee. Id. Chrisiiam impel Chmcb.Inc. v. Sao Francisco,9% H,aor,the Kalreod alor declaration does mt in lia p2d 1221. 1225 (9M Ciy.199M. cat. dollfd. 498 r iy or Olaelss tl,me projects or pmrum any U.S. 999, 111 S.Cl. 559, 112 L.FL.2d 565 (19" avidcacc that foe City has epprowd projects as if utm (,acing RbW6 v_ Yeager. 304 U.S. 305.3f18{1).86 sun were reacted CG. (FN51 711m, am City has S.CL 1497, 1499-1500, 16 L.W.2d M(19w). To poured to an abscaw of evuk— in support Invoke strict arwiny.Plaintiff mull di nsrmstrale,that Plandtr'a claim to don Specife Platy Gum given effeml the City I nemiudly acted to&cnrive Plaintiff of its by We City. and Plaintiff has f ala w Preaem esmrcise of Kum Ammdrra•m rOM Sec KaWaoka v, evwm=an which a lownahle Jury emdd find tom City or Arras, Uma%de, 17 F3d 1227, 1239 (9111 dw City has given clTeet to the specific Plan- C]r.1994)(dlawanh9l burden sum Pi-;-dffa who alleged Cib'a no'dmt it mdng imam, Wm torn• "•., by pN4. 'Ibc Chy se6,nits the dspwi:on of David iotr»imms mail discrimination). Waking. Ptnsapal Manner, Adr'amca Pistoling eda gt,ran Mptmtm sun doe naming of We intmim -M6161 To Provt a rmlutmy mauve.tlto Darden is CM01% ,ate amardk,g a, tits, adf is the date Oral on tie Plaintiff to thaw Witt its ended VMF W. a ptsal appmal and actual 91"V93. pmovied by due Firm Amends , and that thin S` p. Itmrv ,v,Derr. gs. 16 as OM,7 in 0MS;4. C..d a am, a -whaondal factors in ds C ity's Hosever.Mr. Watkins toad eat Prior in the Car deeisim to delay me impllm-uldm of tit,; SPmific Cwrcil ase,6 rg of"bey 23, 1995.the staff rsa Plan Sm Mt. Healthy City Scrawl District v. Doyle. 'rdnrn od by the city Aaanny then this taovisio,was in for illepl and that the r,senrembdon Owding 429 U.9- 274, 287. 97 S.Q. 566. 50 l..tid.2d 471 this imaim effusive date Gus dettled fwm the roll (ITM. HdweM, if she City allows by a staff m[M Ito weal to gee CRY Caiaec0. SM- prrpOtdemnce of rot evidCnW fleet it wmlid have mfmm Deal, td. a DD25.7-25; OWb:17 to nadrd the some&-Chun i6 r11t absmm of Plehai9'5 0M3. it is Mc Wnban udcnmodmg mat the protected mnduc.L mtll me CO'S 116CIa(Od I Mot INC Coy Cm vel vent,toMytad Wn Prevision 1n the draft Said in be udmmdtudimal. Id.: nee 2113(h Doyle v. swfic Wan regarding ON interim etlsd c date. Mt. lleabliy Cry srhrol DWct. 670 112d 59. 61 Id.at OIRS,F1I. (6th C,if.1922) (affirming district =rfa fflift m mama that'aW Wqh Pmn�Mglfily(lad played 9 1N3.In its PAC.14aiatili dk�s nun hb:City tin GubtantW Part in Ibc decision Sam to Wire' a sanely construct]Qa effect of We Spmtlle Worn ae taatLer. Iles brand of edueatitot bad slwam by t at in ep]aos sal oar oast airing amen 7amray 23. aces of the etude= toil it would bout . 1993, wnpdn shady rote, all the roes s m ma 1us macle l dr•. taut ded®m bared on iacidrnu t'>�sive >`T AlFfti na auetiahrd by the:.rai n.NwHiic Han: de FAC m 190. to uppwine nor CV'a nvision for of the promoted ipearb activity.). mormary p,agmad,aasgv , WatdiT hat rand m Cuf n.0 Wes[1991 No Claim 0 04.U.S.GovL Wods SEN4 BY: 12-16-98 ; 14:52 ;BEST, BEST.& KRIEGER- 7603417098;# 9/21 9W F.51".329 PYRE 14 (Cite arc.WA P.tnDP.329.a33d1 M Purtheromrc. a City's motivatton for metivp a .f staff in the Ctr's Plato®E utGta. Plamnll OHMS lead Use dccieion may be deaeemmal on M=Rry fOarr,,ry frvm amrra Dald•in which Dahl Was aalmd *&=Dr. fat rtawaoka.the Ninth(4madt forma that if she lad 'ewe hard that the stoppage on Ills FIR racially pre)WkW ewt'mMns made by an ofT-hq for the Eder rovdma Spacitc Plan)dd—Aing to do member of the City Council nVrding dz city's wdto gdgmlot wild the City."to wb"she ra poosicd. zmbg decision were"Imuffnactt to raise a claim dot "[yja. 1 k sad met' Howscer. wlea asked if abc is govenminal action was on accowx of aclet could ncaB f na% when Wd when the heard &M. d st;dMifhaDon." Kawaokl, 17 F.3d at 1239. The nald mapta" "no.' Kalardi alcr Dcal.. Ex. K at Court found dot glvcn UK Clty'S tatty,other lab" 6ZA-4. Punbermote,when atked if she dumSid this m Support in dacirldn, bR c=11 mmiter's mend that the City would as condnoe to do.rvk on comments, wilhom additional evld=. weir the f•]R for the speefte Plan edit me Instant awmlt imufffCicm to stare a claim. The court. thefcNrc. Was solved.DAM reapundod: 'No...11 undremind aTumed the district court's order graining summary it to fmml Illy we woddm't go beck to the City judgment in the Ciy'a favor.061 fd COWLI Y4M a Mal plan until we led tesohrod thh 'see.- Id.al 62:5.17. Dahl'S wdnantY is bated tto rmo. Ply.eiff min that Kaamoko in ins"ns inadmisslblet hcmMay 1vlmf111s (tom an UUMCMIrmd baautc it that not inwdvc a First Arren'bmn trumY. BW eventnArmimig gat bw Satonems wee claim. Tlawcver.the Canon frsh that de situation in in fact adlnimible and cave, MW's W9111011Y OWY Kawenia it simihr to the me at bard bo m b indite that a final plan w00W not be pteseml to invdM&a municipal zoning amblon warn aura in the (:nSncil, not ohm fmtbm work m the project 1239. T a flaabmearal rsiffrigh t bli itsoka, 17 F.30 w wom d337 he stopped.[FNgI 1239. lore,vn4:w 1'avuiff pWltlwa a raWlwnry motive on the part of the City,lee CRY's deusion dos A viviws the Caclhvudo. aT19. Pnntdearra•e. d. fas that min IitF ffl m W tort lard wnedthg to do with waning the MR D.Analysis to dam not in ram man find ithW ewerythmg w do with lbo ndnwga. [a]The City tanlEtdS dui it has 'RltnerGa reasons PIMM also dUUkPt+ to erablM that (Ile City flat have prevented It from adopting me East poises"a reuliarmy mndve in]rdfing Work on the Puadmo sitwitic Pbm." city Mot. at 2620-21. .gpcolu Pan with d nwtite.my of Carol Hun Muni: Masora inchule uncertaintyn toWIEW the M-rm nift, an AamdaW Plainer. Wham .eked if MTA will build a nation aid parlorm facility in anyone lust exPfCSMd W her reasoas lot the staPy gc comation with der Blue llne I&rail; the diveshm of gas EIR and what mason Wan expressed. Hart of work from the understaffed Pinning and Hcm.ndes resprwded, "Ya. 1 sum Se...TxM are frctwveneg lkpame to to prglectn with hide Drioriky a vattmy of rexsam. Tbi. gitig.denj war one of "Farcarac of tbtlr Potential fur economic ruvAk iratio0 Itsan.. yd Ea. L a 73:7J4. Ntxwid.atandigg that aM job crc,rkuq' the m-d to resent the plmdUa lu the witadmi Plaintiff deemed had tot acwaRy its covrrormeaal bTQ2=, ouch as iteward tmfrm; dart ed the rcan"that flan B1R was Smppd,but IFN71 and cammunby com errs rclaring a had arty beard ahem Mc rUMmnt. Platnlllf URS to ----- nryaW Unrelated R&Mbudne:ses. rebm me City'1 promicd tasty for prnipodeg the lams DvA.al 23. implep ninim of file Specific Plan. F.vts asau®g . Pair. The CRY ram sgpom Oh ruttmim wide that this 1111p don Was OW Of the hteDxs m the City's derraradad Imam in drip.h.l"pert wmorn.1 rogd (Rataxa Plte lMa j mart Ile[ d was a Znf.. who hearts IMF 'mddd trains anaiysb "anhnantiai'factor.lPtd9j Iv191Gfmmc.PlafMrthas prcp.rod rat 0a Drafr &w Pasad..Si-cife Plan failed to take evldemx to rdmt clle City's Cpplefmm Itdiumd our a Sip ihmm adntso Infum hnpnd that i would have made the same derhim baud On ...1d tenth firm tar uemamd land on intensity other factors. such as the traffic sandy or awaiting prodomd in de plan. •ibn impact C/Wd only he emfirnetm from to MTA.mtardhese of the instant avoided by aedueitg dw intensity of land ant i w k. ow(eetor out of sove ml does out m stun;e p vend in the Spadfw Ma"Us lk d-d I s(c•). a smtivaritg factor. Plaintiff,however.honfeodi that the City's pro[fored IM9. pbiniff st u d.l 'City whncm at Te 011& are FnA.0ndl- PI. Opp. at 17-.7-10. Jgmiinm ...imhcmed that as Is,n 0" Imm it PafedfrS miegadon is based am depatitim tsat>mM was th i,hr.suit that pupped the Proust and mdit C14m.0 west 19"No Claim to Ofig.U.S.sort.works SENT BY: 12-16-88 ; 14:52 ;BEST, BEST,& KRIEM- 7603417098;#10/21 990 F.Supp.329 PW 1S (Cho M;9a0 IV.".M.*557) true.' M. Seem. C,m. hums at 1 43. HOwarcr, 3. Adcaluwy of dhO tiff loeadms hd addit Memoirs Proffered deovcoun =k w7 -hWIy businesses in der city eeatuuliels thb suoa=M 7%6 lawmsh was mat We only hand dun aiq*.d the smovid p ueeg,of the a.Number of saes evaliable Speufie Man,I.e me arm,"veristy of tadwde.' (1)Slushed to dekM1110e IvrtWtelc uitet lire the piditdffs in Kawadg PhimiH'a Only cvldnm of d terehatery motive nerd m comaeau pidsttitl mwm that Ile Cisy's adult tn—rdMng so,&In City Pluming staff,in this cam by m&— chcmc is mttanstittdknal bmauve 4338 it"allosr son, m unwcmifw indivAnds. Polmlrf Ise rot prwlded few legally ptrmltsWlc Incadont fee adult s'y additional cvl&=of a rtttitatemy Miles. 17ua, mlm4iolmeA . 4 vuoleiea of dm given the "many matem aniculamd' Thy me City to tequh=m set forth in City of RmWns v. PbTdnle suppon its decision to seta)' impbamn:mws of the 3lteam. Inc.. 475 U.S. 41. 106 S_Cl. W. 89 Sptzibc Pam,Midriff hue nut presented cvitkacc on L.PA.2d 29(1986): Wainol Pltrpudts, Ian:. v. City Which it rtasombk jmy coot(' find 1m me Plaintiff- of Whittier, 961 F1d 1102 M Ch.1988), Wit. NAWaaka, 17 11.3d at 1239. Fiuda:rrnum,the City's d&" 490 U.S. 1006,109 S.Ct. 1641. 104 L.PA M decltion to MV iUVCMcmadoa of the SPCCWC Pilo 157(1989); and Topanga!Kett. lue.v.Clly of tat is dissimlmar to lR tltultdon in Twar V. fLmeycr, Angeles.989 F.2d 1524(9th Crr.1991),cell-delded. 721 F.2d 12.60 in CiT.1983),an,clod,469 U.S. 51 I U.S. iMli. 114 S.O. 1537, 129 L.Ed.2d 190 $72, 105 S.CL 223. 83 LEd.W 152 (1984). wham (1994). PAC at 329-7. Plaintiff m acemis dial these rite telly den kti time plaints s applicatio0 flora bliWia8 is a "19,aniuc fraud dispmc regatditgf rise edam of pesrttt. 7hm,depmtion tettimmy indkAted Witt a the Iwps,ss avdthbia and the two= of the Caron mating had been n0ed specifically to feed a Pt7otdes." Pl.Opp,at 14:16-12. my As aid do city of Ibe Phifllifra aduh OWsoff,and OW dW Caned imlructed the ingrcun m deny f9j 311e S9pm w Caen has held rest wb2c a city may plaintiff. 6adivis permit. Thus. dtc Court denied rcSWah adult businmus by'dapetdrrC shears...m by y,�ry judaoaa.. However. the city in Tovar cwcclivdy cm Dtretbmg am.*such-malmiont news arfrnradvdy aced to d-q plaintiff h)t Firm 'retfain teem offmavdy derying ... a rweonoble Amsndmem rights end ad,,n d that it would opportunity to open and atpetate m adult Ibestnmel normally be inpmpef for the Com d so;ewes rite !tiltdo the city,, lttaran,475 U.S.at 54,106 S.CL at inspector to deny a building permlL in addlimn, the 932, The Stqupw Gaut has amm prwidcd a bright Plaintiff nosed a Fru®u issue of feti with depab(on line nee for dMxmkdog wbahef A zotrmg nrdn®ce msrMony slut ind cWd the sole rtasm for bib Weak 'allows for m mabk dteraadw avmus of denial Imes to prcvmm p,utmmd activity. t2)MMUOiCgh-XL" Id. at 53, IU6 S.Ct At 932. la oomrmt, me Pldntitf is the Imam ease bx. .ad H�cm. TheS9P� Court 4M the N(nOm Circuit shown thmtgh dwosition tdtlmur7 duet the mtly have elvesCIM held t>m adult(tie market. "meet fed fee ehmmlvnx in Ibe tut case mazka, an an cpual rusart me Cory did rue itVenmt me SpcelHc Plan fmfspg wilt otter PMPCCbC Purlflall9'a and tugs to prevent its First Ameathmrr aaiviry- km.' Id. at 54, 106 S.Q. d 932. Tbgs. 'tile pM)a:ittlore, ltu City's dmishm repsling the Ix sible o,Vm ydc impel upon a huineM IS rot a Sptade 1'19h was not MUMC W MIA a,it.mold faces to be coraolmed by tits corns when be is an application for a bdWft Pstmit. Tee detmooning whether a city hat Pmv;dcd a bnunmt Spotabc plan wi0 afrect an teethe commonly. while with d saym+ble alternate location.' TOPat®PMA, due dabs of a bmltbne permit rpccirwAOy 11WRts the Still) F.2d at 1529. As a resuh. the court is not to epplic m aloe. FimOy. Plaintiff bat not Prtdtrad 'iupirie) itch vWethcr a rolaenmon Arta is aa7 c.idetre indimling lot it had applied to she City •capum:xv;,hy .;ildc' " m only " 'PokPbtly ' 0 m anmd the Olt al Plan and bah orrisCd down Mused m s 'actually- ' available.' Id. (duaft band an the Cori desire to attpimn Mantlift's Fint IteMA.475 U.S.a 53.106 S.CL a 932). Atntadmml sxlvlslet. 7lemfbre, bawd Ste the deposition W$dMDr4f provided by PhimiH, a Instead. rim eon it first m .+a+idcr 'Wbcdm rcumuWc jury could not find Wet tba City delayed sekcArim air" proviAcd to a heiress may be me implimetbtion of the Specific Plan solely to eoneideded put of m acted bsimaa real "ode W l(e wan Plaims desire a open a wpksa bar- mark&." U'NIUI Wad the W er n nth , 'afkr`-�tsdu'8 time dud tbm sray not pmpeN be—Mewl w 1ti Copr.0 Wml 1998 No Claim 10(hill-U.S.Gout.Wilda SEMI' BY: 12-16-38 ; 14:52 BEST, BEST,& KRIEGER-+ 7603417098;#11/21 98D F.Supp.329 rM 16 (Cite vs.-9t0 F.Bmpp.329.e3391 part of the rck.mt real estate market.m re arc an these are at lust 25 pottmtinl Rhatnative cites.based adegtera number of potential rebellion, diet for on a .rally perfnrmrd by Jena, in which his seff dlroady"Wag Roilnssat:a-' Id,a 1530. The Ninus MAC* imppd am site M dr CG tine Mefin(: Chain has ankulaad factors rbal the court vault the 1.000 foot dicaurmr requirussd front existing ealyt to dicutmlne whmha a pardcular rcinatiun adah bttdnesnea Isy 'dmwhm a 14100 Poll radius sit is part of be relerom few baba, matkci as cirri: wed comb sssumas vie ... m thmtue the IbllOw's: cffmt of rho 1,000 hair scraratlon proclaim to Ae Clty'r athdt use rogdmaim.' Fame Gael. in 1 6. FNIO.the NIaIA Qrcou mW held that a court can Host", because rise City has tws psovfdod Oda .orraibr eeomsdcs when adWtuq% Whcner a Comb wilt the lDutaod of die=1111Td life',and the {articular o sue uw sit, is in fact part or the real pbidifPs drnigmmed expert Dan de Nowaribm 17, cull rmr4F.' TopaW Ala,9W F2d M IW- 1995 bcofitg dcfors,this moNa7,the Court will min aupider the Cily's method of dclere iniag ale number (1) Fife, 21MMO Remain auascs that the Rot OfPMeM W available Sites m its aralysik AmardmtTt only mgwrel a reloraWn she to be poiddwly avwlabic Tamer IbBI actually avallaldc, M12. In addilfm to oa CG mwne dlnJls the requirement of pntetiality COMI eS gtadlle reli nmml me Clfy's mmtYlpal code also provides poitibolily ...we freed determine rely Ihll property that'Oe exadur walls of a sew adult btttkcs Shell is not'imlertimy,availalde when it is laneasoreble 1e at least 500 fin bum b aouDmtla Of a $lho In believe that it swatld tver bWDme availabk In any rergred by a nllpJsa assamaq public m private smrmacid ems sbae. genets day as, a pwk ad ttcratim ip�• facility ua (aim known as MMkt t Waal which (2) 8cemat, ... tcleation situ ribich tine wif m existed Print to anallmtaP's d the adule b-—, mamtfamu®g or idaakial mores ... dust art and a Imes IAD feet fsas the uefia wwlls of , Milamrably aecessibk W do Sot W public my also mother am, tmham.' City Mn. ES. 6 at 0012 be part of pa marker. (Add'aioml Ile Rcxulalua H of PAC § (3)Thim.ararss in Taus faCmdnR sows which I-se n.210M. peopm infra- tinsels ... may be InchWed in the fit. aeause phdmlffs expert. Robert B. Imishaw,has (4)Faunh,Wh=a aeloeatiut Site ado some leek parroted a Imllnr mapplDg amlysin ad prorida 1 commercial entraprke,akbm It not every particular da: court with tad Italy dclaad eddomce of 16 emcrprisr, it too may be said as be lust or the nvl mthodoktly, but aim the locatloo of fk aha coma market.... Identified, de Court will dcterrmmc wbWher the City �5) Fifth, and most obvhmF, those relocation situ hall IcR Megan almrmtivs for Flat Ammmcm which ale otmnerehtly and are pm or the cxpruslon bead art PLtindira expert's 6tdky. . market. After paformltg a wmrg smlyib and lwlrvey,which Tohi>p Press,989 P.Zd at 1531.IFNI 11 imiWo a held Brusly.Lamhtta ,concluded dim dam are bcuvmem 11 to 16'thearsdmlly PGAIlbit'sites' (Of FNII. 'Ile court mother atlgtusaw IMt INKS a adult BSeS in fhc City of Aadrna.' Third IarOhhm m)aallm site is anumd to be pan of the market a Led. at 14. 'fhe I®®Om and mwdmim mlmbue IS Its Miers t wWa,a mkea ka,sac will natlr In deb w R91e1'e ft nfa adult bworatts locatm NW portal,h-lehu mrahad coo.or am Prove 10 cons;daidg the I Wit row sepaRknn revilement. be mrlsuarclafly WealiDle it m adulL hail'` Id. Fulthermme, to determine flit ttmflher of Tin mica Is wlefha my sit: h part of an mull avaflabk dal for adult hnmhrsaW bt la motet fa P.Mluc d c'munvius cPwully." potentially Tq ww rhea,9M F.2d at 1531. C4,3 CG yore. Lards v,cotcbdered the fallowing fawrara- (2)Auslysis (A)the proaim)ty exeksioss Fran 'anxiCwe utec' suandatrd by subsection'H' of the Additional Use The (Try contends dust Ill adult tee mgnlathala, Rcaalarium of § 17.28.M 15fl0 foot dead paaimtmg Idug btalesuse, Only In e339 the CC mQuiyenienfl: zm* dbbira IFN121 are comadrawrA4 World la)fta requlrmism of§ 17.64,120... aw®B%Wh baetttc there arc an a equate rtmmba of potenfisly use ells be made of any buldims dal mtraaacu or iyal8lbk:ah,7na iw Mks to 3mlai0 PWnl!is hY710ess axis of which face a..tudeallal rue: as well as other adds bWio nscs that might leak in (C) she IJmw1a Corridor s Isaioon of all CG-1 8a City.City Mot.al2.1-16. TIE City makitzim that olsukt property kcatod as nxpired by wlw,rtioa CW.0 War 1995 No Claim to Orlg.U.B.Govt.Works SEND' BY: 12-16-88 ; 14:53 ;BEST, BEST',& KRIEGER 7603417098;#12/21 goo F.Supp.3" FW 17 (C,Me w:9t0 P.Sum 3u,•319) H of the Addition]Un Ragaladom of 9 17.7A.0A ohann.htial red e.taea market.' fed. a[ 1 23. (o)the raclmion of all ywyany mat peecYed awry (ehgdtni■added). or uw aisapwlifyi,g �raeteriat'ra rGacusue m 1he Ie fact, lamidnW dimbed M paR pEtalmlly 'to fo<... fi of tea ddemaine to rot rear it a" two dart!'="= can of Topmp�Pros, City Angela. pm land]le note metr prcdw kcadets and npow 989 P.2d 1524(9111 01.199.3),and wmrh justilind tut InfmrnHam hark to (him).' ILL at 1 75. me concholtm met me property could F Wcdy ha (,,,,phm tdkI4. Iamlahaw min meaarad and tc7zLww from the rdcmd real esnte madoet. e,A w All proponrr •whhbi 5W find to PIM larrid aw DW.any 14. bomhwrlea of garb of tl.s :rm ern whit) a aitUting fr,vtMi uw was xeow: a wall as 71w,l�abaw pexPormed four levels of rarhavom cudwim am pmPctlwa'mat win Motional m tb. to determine 11H1 bdw= It and 16 aims Wcrc ficY smteJ a' having I"18"p wear an ml yr Il svaitshk fin adult use 10 the Gty. 51(ani outs a ") a M mu ��d 1�� potentially 51(L',nptnYa atald). Finny,end awl uWOMmly fW thu Coures wWlyai4 Iamisbaw arluded tt appears dart Pklnldf is now➢d[mpl4 to di== pmpois, whcb. 'in )her] gokmhnd opinion ' itself from its awn uI aIg figure, Nu]ng. "Itptc tkRdd p nerdy he deluded as pat if Ile Relevant gualifamdan, 'tbmretira] , is not the egluva)enl of real ettde Marko ultler me 1:112da sal mah In me Sinnikamandy' cpemliag . me 1Narvas act itpmpa Ada care.' ]it.u 132. Paoputics ddt dealt with dteoredca) I amLduw rdduded hard to thme f tomm f ZWOod p�'hat in ji1ee6oia rat y gmermaaWOywred tar7wtY, a WWI lamina areas--0wt is, arms that were smdlebk (men an pioni,a ear dedawhlp.pmpmry�Lq d 4 th.Id rMulttadon of a rnadagl asap,ant an exmunalion of 1'ropLftkm Lab of nd Toch Univomg,earl propertd )ndhldual petttts m we whoa war actually an them. u:p,pled by PBBCO. bt 6a.& To ace wind is actually located)on abe PviceL,Ple rr'ima me KalmuOnler dacMadan....' FI. Stara. 1101 White, lanialnw Indicant that he 'did not Gen. iwuts at ¶ 25. JFN13I Yet. IAM RW'a attempt no d termle s vd&laa:r any of the 'meoaedcally &cIMtion MC211 that due kayo nation was in IW pulat ,ibW dinar which[he]iticnli6ed contained sits MGM by "undoing 0340 thr indtvidml patoeu. oar which were =Melly Available. were SIN01e4y by aImply looking an a mm,w map.VFN141 deY Wpud or impruvod for the buttoned tsars, OF poamcaffid adequate pilot apacm: 1b=faelora en; F1113. •the Cann adds tam PWMB nu nu irrelevant to Mt ConH'a ftrmWatimL of site auntnaaed °1Pcn 1 on'aty In oppmiti.w to thh lyallabh:avlddn the ICICvaaa fell eatla:minaret. f'Qat nation. Hawe'e., rlaififf'a.' do the avm Lainjaherw,IkeL at 1 15. Su Rnaaon.473 U.S. at any.vwekr cvWamx,mcdred at tin Novmme 17, 53-54, 106 S. 19%hag in collumion with[Wed"'a nrnim [l. at 932 (farm WH tdmC propcniea for aumnnrd')Wig,sent. sm A.son.&n Eason,at my abraly be occupied iv hrekvarlt): Woodall V. It- City of 91 Paw.49 F.3d I M 1124(511 LYr.199-1), een. denied, — U.S. --. 116 S.Ct. 516. 113 PN14.La n rhos J d.m dw ahe'farN alep-to bra LFd.2a 425 ('fen dud a eilc may not be .. cy was to m'i,w tit Cid's tontine and elatnmig raaonmciauy doomble tin dot rvmkt it wmamilabfo maps iu identity d1 of dw pngwntaa tetanal is the caaa.rr-�.1 wiahilid is 1101 a ttlevam CG aanc. pint tamtthaw[1SI.all 22. The neat enraldendos.•); TapmV Pees. 989 F.7d at 1532 aryl,lawnver,'War as wmdart a rrJd aura➢...m (finding that&CWn arch in whether adoration Sims _ gad. hdomw:w n in de eUnwra and madsa wort operadvery mpeasiw err whether adult location of awry 'aemifiW acre' ... as wdl as to bwjpc m ane not welcooed by I.inoads ant ddemmc whodwr than wag twiWhng within Itvae gaper). Tit. die 11 an 16 Rita this Lamishaw nines with eienrcn or wits whkh laved iclidmilal hat panted In as'mtaredally availabk: arc m Gel mac... Ammo molls t of me add atsN wit m of are rciwam real aslaw mauler putaow to th e e gamer lufommldo ill ender indmmmirc wtmthv Tuning Dom.[PN131 under die crime of the TWNV Pron raw theft wen any Gnura prmwat wtdd, w.wtd dagadary pnolwnics bcmwv nay wee aM part Ot ere n'Ievanl FNIS.Throe situ we in ft4aaw: IpterHOULiOn Sit.wa Orange Grose a arenLor l sierra Bonito 4 tlnanut 2 to 3 WALnut 6 Oak 1 cy,r.0 Well 1998 No Clain in 068.U.S.cavL wort SEMI' BY: 12-16-88 ; 14:53 ;BEST, BEST,& IQtIM-1 7603417098;#13/21 980 PSupp.329 pup 19 (Cite an;9g0 P.Supp.339,'341) alleraw ve stream of comamoiccpdmt.• Id. Similarly, 16 site did not evuluao the extent or nature of dhe time coo"in MRmmlonal Foud&ueverepo Systems W. pmpmues. Forthcttmrc. Plaintiff sexual In 1W is City ter Fan L t&,dak,794 F21 I= 1326 0Ith fcmnw of the City's eQexam dust the mDlber of like Cir.1956). found dud in deizs ' whether the mew reasonable on this Ceurt's prior Order dtaylttb oanber of alas arllidde for adult busisas" is PWolfre prcuortaary 10juseli0n, ae wuitr time the reammbk, the Cnt1rt shmW consider 'earmmmr y Court straw rent 'emkus iwues 8obig to the>aries cords,the ouO&M d mat ben in otinf eoarpuvable seat fair wen ada far utisation in tills ease." 3570 eemmJtdpys,use Seats of tit city plan,and the kind But F Wull Bird., hw., 912 F.Supp. at 1266. of tub site plan wale upwards.'IFNIlj However, In oppai%a sut®ry juds—ca Minn. PIWOM gamut rta upon 'mere aOcpouns or FN17.71te court was-at a Ion Mon 1nylue could denials: Relnofi pax as Win specific Pecs such 4hwnlhte oral a meta as 22 situ[10 far already dot a rr,%=bto jury emdd tied in its War. Hera, elisdoa busiiawn and 12 kr new trwk w,in a pbiWlft has tailed to raise my issue as to Wiry time I I my of 156.0001 for awb 1aJuu 11131 a)xete rat in to sties specilkally r®pose out by its otm expert awugb, weasa rckmwe' a its abwc. do lml ray allow adult basla sses to InWc in S,tromomt Fwd,794 F.2d as IM, use Coy or Fasam m. in slan.Plaintiff tun failed to rebut say of the Cny's evldeme rel'xI" IIn (2)myna moreaMenesx of I I to 16 sins. [I2I 11n city asatau tux,tvca if tits court avow" wbdo Plaimdf has failed to coarmadin doe City's PwAdlrs rmmnbcrs of II to to prxustially mlaMc evidence of 'rewnsableeess' in order to raise a am(w&h Bte Cow[has).Isle lamuber of alm-nodvc a,.,,.:,,, in= of material fact. the Cam loss sites is «asenahlc, given puadem's populeston of alvadt he made its awn determination as to die 135M and 'glum live fart oral MAtorlraly tally one reaioxableueas of don potndelly it to 16 sit= adah eat has resided in the City and given qua 94% availlak for adult Innimsaca. As the City's Planning of the City is tied up in residential and pnblid service Dlreelor. Mr. James. has declared, the my of uses.' City.Mot.at 19:21 to 2D:2; lama Mel.as l paaadaaa has a population of 195,000,with aver 84% 3. 11c city duo contends timed tea clackur of of is lam &2Wvded as raidca W. publiclseed- pattsiapy avaihble Sits is reasomiblo considering public m open .pact zones. Jams Dees. at T S. that's perwn bar filed r eppliutino for d permit to r4iNcmwne. only am adult Imaiaraa in presently ape,an Out,balimm whle.. 4a: City' mime 19115, Malted In the City. am4'etud by as: 6ty'a morning allow for L Serz Sbtrypc, an adult boolakm wuieh ardil, . and Plxlruff is cuanay the tamely adult mated prior to use City's 1985 adult nw name dosage. lasmesn denvendbg a loeadon wldda the City.Id.at 9 Jame Dad.at 11-12. ¶ 11-I2. As sWW above,PUhaitf Ina dot dlcpumd plaiuutiff olirputa glad dw.e have ban oral OtherO= IWAs' The City's coamimity need for adult twineSSes,dun,apprata a W 13111111.considortnb fled wpon, m open adult buuarasw time 191115. PIeWiR G ft 6, perxtm or corpmadva to save Hairever, to rebut Jowl'statemaa. Pleimiff—IY applied to open an adu111ku1aeSs In OKT den years. lutes '[ajumanas penom'34z are actively eombhg IFNISI do a Whion Ode Cly'S 2amaB hfdloaace does leathern California to find seas Ira adult uses. See not aflect existing adult s343 aSe eMBSILMMtS. 31 Kauemlu er declaiatian." R.Stan. Cco. Issues at¶ Plaintiffs current busacsa is not considered an adult Ill. But die Kidienhaler dalaration does rat piprida use and L Sex Slow. the Daly pl=W adult ary Speelk face or baud= of caber adult business in the City. is ant required to relocate. busimstes aorropong fat W= in PaSxletla. In tiled. •t'lna. dw Ciy'a ordnomc in different been O1oce pdaimiff fails to pmride any ev'alente to rebut Ith: lavdidmW Imetanx dwy fml to pwvide a fes.trnable City's co dentin tbw 11 to 16 sites are ttditrirm fore FTartualy fur adult bueinessaa m opersn. See city of 135,000 with am elustim adult taaimsa. City Young 1.♦nefi.•^Mini 16estir1,Ira..427 U.S.50, Mat.st 20:74 71 a 35,96 S.Ct.2440,2453 a.35.49 LBd.2d 310 (1976)(upholding adult baai>ma roo tiL ordmmm in Insmad.PlatndH a-iimim that'111here is a Partial purl ba:aw the dia nca eawt farad del " '[tlhe amosol ehepoa nwwdag the rramn of the palpen;ca One gatnews do nor IF the operadau of uis tlg available and am assure of don pnspertke.' Pal. 01111. eenbllshacros tan only the)oca10r41 of raw trala. ): at 14:9-12. However,as stated above. Plaintiff 1111111 Walton Psopadw.Inc.v.City of Whinier,961 F.7d m point net how is own�pctt'x tklincathm or I l to I IO2. Ilo9-lo(91h Cir.1998)(holding d,a urdiamla Capt.O Wen 1999 No Claim to Orig.U.S.Cron Works SENT BY: 12-16-38 ; 14:54 ;BEST, BEST,& KRIEGER� 7603417098;#14/21 960 P.Supp.329 1'> (Ctee sa:9W TAM.329.*343) twne47sratiz,g adult Iwiz,nra in ma arse With 1.000 rd+:g adult Ih gmnm); AY.aander V. Cily Of afm fa, F.2d ( Ot.1"l) foot apamdon Rquimeul viel-KFor Amendment (detmdrifi 0.6% Of = Of 120 ekes wcR bag= ordrnMOD Wo lid "force de badly ealing fpttlowilc SR OwnEns of anwIl Or0.7 to!unto Otitis adult mcsw In [do city] m cbac at i's pnstnt btlmoct); . 0111 Fnicrr L e% In. I. City of to atim with no dcfpole proativ a of a plane m Chicago.874 PAW.8510(N.U.m.1993)Pip mb=."); Alexander T. City of IdIM 1p011s, 6" of .""mode uppimudzy, own MVsC is, din f.Zd Y16. 938($h Cir.1983)(finding ulwt buelaeea psutpadw prMm, as .1.e use Rauch and wft findom!with 5110 fan aepuatiw r IOR219al aentcu')(o+Owl,— violated Ole Fit[ Amtddlaent baaurc It 'asst only regulates reW adull faclWrs but Also adktm dtme in In addkos,W1dle platmifPt expert,lasnhhaw,found caiitmce at the lime it was l KIM.... Tbue ale at that hawCed .95% not_73%of the Clly'a land am trata twelve W"ible legal sites far rdwaidua...[u ch Is 'dcamiwlly permimiblo for ]ooatlOIla for slmah that *m M�sse l 'would have the effect of trees.'IM191 lb;wins ban:not tzaebli"a b istd Idnumdaily reducing the mmtbar of small[busmetet] line ale as W am peecusim of land or mmber of .: and 'm stew out Relic eepa] WOW In We to cites Ihu a City nslrl mane available for ad0h ..) bu®cam. See Lakcllma LOOW. 913 N.4d at 1200 ('dime is no requirement in Bt0tlfo, WoOM. of vtvta,riahniRemade tint Ae-City pier w their clmwbue that a epECihe prtgmftion of a MAWClpafllY admr noes,, ce wa.Ise to o num6c of thriving be open for stalk bAb%t%au or dal a certain mmtbcr .halt ku ina,which at last by dim fen mwspsPer of Vises be available."), Cmacider'uag dal all of the clipping:...mtiier4 dta tiny eve aT0 rrmval by p o fiat situ for adub hmism.ns are located in de qua a fw passions resideAt.' )(alllmalakf DWI. CU aweua ditteiri sold and the City's Other w p IS.Ex. 0(amNlnka tea w*Wapa dipphgs seetrictiuns, [FN20[ ow City', ndult we ordiumee IIt1n tk 1960's tsn:saittg fit My s rlatgn to Iowa s reazombk z,ppor0utiry for admit lmouscnes toRquim. Permit, for thr aAdt hmhsaom !nested in )'madam old Unit dipping fuzz,1985 tfismaaat the W21C Wi11dn aloe City.Tim City's osdnwaec doca aOt r.lyg dcusian not In rat the Wee awl to a hutuy rsaTilu R9'exlsthla aakda t=ILMa m and down as in cozen um the My uidcrul on ba'an efaes4 to Waled pmpezin,esd betium a It and 16 new adult skc Widn pamdw Ma mom wwaw the bWRRp will he ahle m operate eunWtsawmdy In a edvwonasro of do dJJnn d wmsrL'1. wdwa eonamciatly awed area.. Pmvidhlg locations far Pataden .+wy bsa seen h,®c in, more a" svgt I I RW adult buailumm is adcgtmte. bl"n dal tsrlttea0 print to do CShfa adult ordisum. dUeSupearRntl onlyOna adws halocw is located N fearenm Cam hay a of Ihil sasote n wkiw s Pf6eden• IFN211 a city wdm 84%, of its land are Rurdy bl the prnulne of 11",hill ktM Rod morons el6rdY 16mnio8 them aR'110e,pCt4 atl anger drllicattd to Rsidpa4iel and pdblh:urine. Plamdlf ltu tt plaiMid fdMj arc aazpWhle ate leg As they an ft burden of acth% fold aPaclflc due elmwlog a dcsgmed to use a admamr gnmmnas d!metes gemane Islas: as to WWI= ft aidc6 opts to h and do act umvaaomNY limit Aftnadw swrxsz a providdd masonablc altcmtin anwaa of nwonmiWW hratta,475 a1S.r 47, 106 s.Ct. CCiN1udGC311m1.[mml Mbrdlf hats failed in do W. w 9n. S.aim Ymug v.Am:m:6o Mlnl laneo6, Inc-.427 U.S. ytl, 70.71,ea 9.0.2440,2452,49 FN19.See Snamd lamiakW Dal,id 1 IT In Ills L%1 Ill 311)(1976). li a fs m tin gdan on bdurc tar Coen is wMher Third daCWelaa Iym101aw dC1eItI111aaIIta l ids'ilea the Cuy'a adult n�R rcrmadim, 'rcbaht free of Cad tr Mall dim 11 c City Yhuvelcallypmtibk vrr divcly dwyins Iplrodllf a --bit .�as ebb pray h he Cdy of hm, I.A:7bwN rygtzwtiry to OP. and .pears an Mist! IhRter lamidrw 1)ml. r�4. PUM¢ver6, lapridmw'c within the City.- ]kt4m.47S U.S.ad Sa, 106 S.Lti. doewlnim6on of the seed sites paloa■ay avaimMe a 932; Topsoils pouts.989 P.7d r 1S"6p ni tlg a moue Probative, .S-Wmg din 1101M kit sbewe latteusg trials Rtao t a%'Ca for Odtrmhths rapumlM tegltWttrsd. Wdtud PropcNes,hit.. whMW the AM Sldnmle5 1'I51 Ammmnem 961 F.2d A 1108('1be nmaber or nm M"ll"N two arc aucncnw.'), lfuocn;r, lac Cow nml a,hdt hasteno undo ins ortpnmatc, satins% lace g ides de City's tnalaap dntirg ed 1960's doom"Rat m oadt m tte ned sated id aacsee The Neves roue u wa►a the aurdtg omhttmec assiuk under the zarti to scheme,but os N)w due t.62110 by the City I mgdrm adult b"C" saeage uds>R.rcdd nughor the Cyr.'). lags n,oa and fWwc auk htunlews with wfficipn tgge"Unni u to Imes,ad 0WOB In ftPN2D.Tb 1,000 foal mpaum.n>7uircanmt titan C see lakdror burgs. 97s P1d a 126n .6.l a ah btL* eL din 500 fast separation (dravdnisa ton anti,mo, to aw. I.snl M 'w'oosm ham "easkive Ines," and We Copy.0 West 1998 No Claim to Orig.U.S.Govt.Woda -9m BY: 12-16-98 ; 14:54 ;BEST, BE8T,& KRIEGER 7603417098;#15/21 gm psm.329 Pict Z1 (ORB as:990 F.Srupp•3D,`w) supdn mam dea an adun rnkA,hv,ot da:a,w.irodequsk m e=1it(y 16e derwnd far adah emhlirs�"evo,rc or nil,aa foar a midmiel hwinm h,mli w'). M. M.Cmdueian FMI.'1k,w,the City U not lard vita ft aimt.m it,'tY�N V Y,m,vbua at lean M."t iwinrmra For all of dw rosou set ford, above, the Ceurt ,.,.w k RW and m lame;w at unY 120 silts, h=by ORDERS mu Tlafet1141711's motive fur iwi Wing MW Inutd in the nnadmuffiY;Am and .guy)LWita,,,.is GRANTED. IwAini the propel intYs.m hilt TOP W Pms. M F]d a 1533.33. SO ORDERRO. ji:bo. See Wuodal. 40 f3d at 1126 (Wall Rmucus had tD duw dw OR treat left Lv o to END ON DOCUMENT Ctmr.0 West 1990 No Claim m Os16.U.S.Go.t.Weskit SW BY: 12-16-98 ; 14:54 BEST, BEST,& KRIEGER-" 7609417098;#16/21 9777 F.3opp.1017 Par 1 97 Dilly Journal D.A.R.13.304 (Cite aa:717 Multi.1017) P Philip YOUNC,PW-ri6, vlanta,n of Pim Ammdmcm. U.S.C.A. V. Cont.Amend. 1. GITF OF 6m YALAAY,a municipal DyteRdmaL [21 Y.ONING AND PL NNEYG 4S=a6 41486 No.CY94•g30.1WJR(AJWX). Effect of city ordimsm Pcmdning school, a mil,ar odsr 'aessitive immcN" K any time during United Statct District Court. Pmmasi¢g of pgrtym pereat application tar mnda C.D.California. dareug fa bly to obtain wri tig Oleersoce eflbq(wly kowili ne our aMicd for louation as pctmissible one Aug.27,1997. Ina nerd: dancing, combusd with pandty of abarmfivt buts m,is mh as to dfcmvcb prcdudc LAYWtrol, whore appliosdwc for Perm;t In open TMWMWa alinnedive mean of tloltmllddestimt in mrdc deaemg hriGly were denied blood an failure of violation of First AncaMol. U.S.C.A. his mpcaiw lorntinns in ermply with tilt'ordimoee. C6mLAmend. I. Ned rr,cnim Cot dahnmry yd iuj,metive xltef. Tic: District Coon,Rea,J..Jsld rim:(1)as amrs*of fins 13)CON61TTVrioNAL LAW 4}90,d(3) ItoPrmion,ctfoo of dq urdbwmc Knuiamm school, 921t90.4(3) dum.h or Omer"tetatifiro ideals["Al IFY dmc during City wa,moee,muidir g area.in which ode danciag pn,oct1dg of Pony's l'muni application for nude my rain, lcavea Rim"areesanably Ions number of d,n,utg facility in ubrain 2odog dearnrae effedlveiy aimmadve location,in vitiation of Fint Ameedme,a, lniooktog m ppiad fm location as penatsthle arm ellete.given requirement Nat on eduli.locatim may for ode dancing, wmWmd with FWly of exist WIIWR 1000 feel of Darther JdIIR locsdml,total altrrnetive Ioafirrm,is molt as ni clfocdvdy preclude mmulm of lorntiom wvkh round lmaukan ously exist taarmbIc ellcomdve meaoe of coronunlcadm to is four. U.S.C.A.Comt Amend. I. violimion of First Ammim,cm, and (2) rndinsum leaves open ttnicasatskly low number of dmrmdve (317.ONING AND PLANNING e=16 )OCadors in violation of Firac Amendment 414k76 city ordlmnce,metrictim arm bt abide mta daniag Motion(ranted. ,my exis4 ka� upon umestombly taw readier Of 3111crelatitc lomilos in vWgdm of P•trol Ameodmem, [1]C4NST'JTtMO 1fAL LAW t-62.2U) whafc,givrin rcquucu= thtt no adult location my 92k42.2(1) c L%L wt=1000 fad of antler adult twadan, mull Individual,whoa:applsatiom for Mind m open nude MrM of l0eitlium which could silmitgnefwly ache dosing fatality were &tried basod an failure of his a for. U.S.C.A.Co1ELAMIld. I. mspmriw inceriom to comfdy win cip• ordimom; SIMI Roger Jot Dianmd, Small MORlca. CA, for ,csteiet;%a,u in which rode dancing army saint.had plain. manding to cl ji"Sc enl�m Finl Aftaidmem grtamdg, white dem,mnt clfcd On kodmam am IL Deisler. Natasha A. Kate, Mccanibr(dgc, ea9reesion was bmh fat end ntmundal. U.S.C.A. Dealer & Marnmro, Jos Angdes. CA. for Coust.Amend. 1. Dclundard. (Tun C045711 UNIGNAL LAW 41a90.40) ORDER RR: PLAINTIFF PIUL1P YWNG'S 911,90.4(3) marr10N FOR rUDommNT GRANTING ailwt of ciry ordinsse Fermimrg -:`—el. rbu,rl,car DBCJARATORY Drier "sonehlve imorm" at my timm dmi"N AND DuuNCTIYR RBLER Procesakng of party'a Pernik application far nude damdrtg WRY at dot"swmgg elegance eRbWvefy RNA,District Judge • knoekirg Out applied for location as PcmdL'lbk taw for rude: damming, coroWned with peachy of PielndfPt roam fat jtWgrnere grmdng decla,mory alromdve IreAdegn.is RICK as to effectively preclude sod mpmdive miler wit Bled on*loin lute 9,1997, RSN1l11111e XMIlladve tllsm of CO2MM dilon in and oral argur ern was kam an July 21, 1997. AM Copr.0 Fhal 199E No CWM to Or19. U.3.Uuvt.Worla SENT BY: 12-16-98 ; 14:55 BEST, BEST,& KRIEGER- 7603417098;#17/21 9•n F.Snpp. lot, FaW 2 (Caa as:977 F.9app.1019,a10111) haring mT therad the oral srgoment, and sor"wd kw made a the slur: of evidence, is procalurdly thL p*en andmdlted In support of anal in UN"111011 m appvoPrim. AkU-%k the Corn, at the Chas of hk Bing sanaan, the file in this curse, soil the evidence,indicated That it wished to allow me jury on applicalde aushoutiea, the Coat htrehy GRANTS attempt to resolve The lures Tmiasd, me Can trove pWndfl'c motion for judgment gramng dmIsrunay sdmessm the legal Isaias Wood by the Intnm mods and hejuncdive relief. for jodgmces as a mom orkw. 131WUSSIUN R.plaintiff Has Stmtding to Dane flea Instant NMrion. A.Procedural Basis for the ttutim Motim. [LI prd'esdmt argues the pklndff has on Wriding ur 7bc iTta=Case was tried by a jury on May 13, 14, bring the instant modon,as paabedrr made clear at rid 15 and 20. 1997. At file Cbsc of the pr65entddml Of me,gina the current system,he has a intention of all evldenre on May a). 1997.Plal00ff 01[d a mission IfBppMU m G%m a resale d--i fkft in arc City . under Robe 50 for judgmttt as a now of kw. The of Skid Vidky. Even given has taps,ddCudait's Court d®al Iho nation an May 21, 1997. indicating argmiscril if ant weld fatten. in fact.the Imm ease duet it wished for the question to so to the Of at dial present:precisely the type of 'CM1110g EMU' tvhle0 time. Coons have made cLsa is sufficient for purposes of bringing a First Amendment lawsuit. 71c jury was instructed on May 21. 1907, mud ddiberarcd through part of May 23, 1997. At the Where a complained i4 suer praemdy or coahutdon or its deliberations,the jury indicaed Ikrd prmpecd.dy udgrot no the regulators,pruacrip6m. It had mewcmd two of three spatial hamropu riaa, or auap.d.ias tut he [u) challenging' under de but that it was magic in a r awaY an three Furs Armmidnico.men staling is appropriate. Laird intesuxsptmin. Acrnrdingy. it idlceted did It was v. 'tUutm,408 U.S. 1. 0, n S.Ct. 2319,2324, 33 unable to rash a wdreL Hence, no amdict war LEdZd 154 0972) (elliphaalt added). Son also nodcrod and the Cart declared a utismal. Peony Sm f euedadan: v. Vlai gc of Havd Crest. 9nG F2d 150, 1S4 (71h Cir.19911). Waited, Ids Is On hose 9. 1977. pldiTd(n' Philip Yomg filed rio clearly a case in which the deterrent anion a mess mods,renewing his request for judgttc n ens a Ivgidwo capreoia is 'both real ad .ubsuraial.' Truma or kw. Under Rule 50(b)of the Federal Rules Sec Yams v.Agericm Mim 111miree,427 U.S.50, at Civil Procedure, awh from-uid tenewat of a 60, 96 S.C1. 2440. 2447. 49 L-Bd7.d 510 (1976), .mlkn for judymem as a avaer of law is appropriatc, Citing fY¢oaml, v_ City of IarbomNe, 422 U.S. whether ter rim a verdict has been rendered. 205, 216. 95 S.Ct. 2268, 2276, 45 L Bd.2d 125 Stimincally,fh rule states: (I715). Here, Mr. Young ssugffi twice to *1019 • If,for arty reason,the court does not gfmt a motml apply for a perlmt to open a Tale dancing facility in for judgincat as a Tmrter of kw made at ter chose of Sind Valley. On both tsaaslom. Mr. Young was all the evidcace, the coutt is considered 10 have unsuccessful.based upon ore Nhee of his respective admritred die action to the jury,mbjuct In the c ourt's locations to camply with The subject otAOmCes. filer deciding the local questions raised by dhc Pardiermore, Mr. Young epocifinlly testified that, mrina. The retired may review is request for given his previously futile efimm and the tune and judpacw tie a matter of law by fdhag a rroliun m momy mvalcd in these carrier effmta, he would ant honer than 10 days nfsm emny of jodgarm...- kr coaideT reapplying fen a permit so long at the cumud ruling on a recessed mods.she Coon ray: mT'm R,.sina in effrct in Smu valley.7136 preu m (0 U a verdict was nawnTed: a classic case of an ihsividuall who is detemd from (A)elkw the judgment to 9111d. eaacidas Ms Pest Amcndincm rights in a ",cal and (B)order a new triad.or eubstaedal' way. Hamc, Mr. Yang cealy has (C)direcs entry ofjudgmect as a num:r of law.ar standing in Challenge the htataer ord Wrrca. (1)if no verdict wa renrtad; (A)order a now what,air C. I be lndem Ordhenra Is unComdtndoal as a (B)dirm entry of jgdg im as a weer Of low, Manar of Law. FW.R.Civ.P.50(b). 1.6fmtakrd for 1?vMwihTg"Caweca Nngrel'Zoalrrg Ha=,do;tool modmt,wbkh essentially MTR W Rcgdatons Restricting NoMmtcete Adult ttaew pkhgiff 1 mOdim for juditnem as a tatter of ET=Mknp;a4. - c upr.0 west 199a No(lain m Orig.U.S.Govt.World SENT BY: 12-16-98 ; 14:55 ;BEST, BEST,& KRIEGER- 7609417098;#18/21 977 F.Supp. 1017- ' Pap 3 (Clm has.917 F.Wl)D.1017,e1019) 'Court. have conidned taps earring to be "Fss;oe, subj'a W Pmteenon within de free: The Court scant with pigisiff. As to tM labor lip cb and pins guarPumcr or she fact and fwuleenth its=, akhaugh in=Is no Coodmtsotal 'mitdrmrm' meterdmenn." Kcr•,IrrC. v.Kheap County.793 P.71 mhmbar of Sim u a matter of goal kw. it Is 1053, I056(91h Cir.19W. See elect e.g..Sdiad V. apprWrox, on a are by aaac basis, m determine Borough of NO. 41traim,452 U.S.61,65.101 S.Ct. whether an ooreaanably,low nanbu of miles cants in 2176,2180,68 L.Fid.2d 671 (1931). a given ass. in"a hatance,the Coact dada that de subject ordinance waves open en umeaettmhy, and City a]dmances no as mile Ode it ilitle Nero.Wldflt hoc, ImG torsos rtioaally low mmbcr of anattWve do mt ban lopkas darcJOg abZCW . tits r3lhu Iocaiu0. Alhaugh this in iucU wmld be a sathetent rabies tee arms in winch ttlpiess darting may exist. basis tpm WhU m NOR gtc Old ttaec, tic Court have been analysed as 'time, plarte and manner' will also address dr fotmm it;nee,at least wktk dic tegulationa. Sea Ranbrn W. Playlime Theauet. Inc., Lttosi franwort involving de pttlrchy or altmladve 475 U.S.41.46. 106 S.CL 925.922.99 L.Bd.2d 29 location Ile ava;lable. As to the former loan,the (im). This is partiadady an whin:. as hem, an Cams aareea that this is essmdally an iswee of fins ordinance is justificel on the Imsis of affeged imOreu au, as no NittW Circuit or Supreme Court 'sacooday:swore'of topless dancing esteWisbraenis. authority apodas dircady to the eoastiattiona6ty of a each ore in.•rrsacd:rhos and proadartioa. ve,ma,475 aI=acheme by which a school. ehtach. or nthr U.S.at 49.106 S.Q.m 929; Key.793 P.2d at 1059. 'W,,i6 c interest' es.. de facto 'kook led' a beation subsequent to a ➢crtait appliemim by ^isle, plate and names' mgulatiom paw obtaining in own asmtoa clearaae. Nsadems,Its; cmrduufanal naater if(1)they am drsigesr an serve Coast ends that the efhCl of this pracdte, AS mid a eub,'amial gotnsnM uW imnest and(2)they allow where We practice is couhinarl with a plucky of for 'reasonable alternadw arerarea of locations as is the oar bore.L such AS W dkctW* communiestion.' Renton,475 U.S.at 50. 106 S.Ct. pynhde 'rearonshle aheaaive toms of at 930; Key,793 F.2d at 1056. csunarnamado e". 2 Reawtuble Alternative Avenues of a.Amity of t:mdkdug Uses to"16sock Out'a Co®wnication. lotion at Arry Stage or Oho Parmil Ptaess. Id the imam minim pWiidff does nos chalMlic the mlmtardW gOvetmaet8al Julemst" untkdying me l21 Dett3dm rkm not dispnz that,under the mum ordinance. Rather, plaintilfs c)ngenge essentially arson, a party seeag m Opal a fade blueing tpeah ao the issue of'resennahle alternative avows faring Mist apply for a spa:W use perallC tad Was of sum... unicatimt.' See ioia, citing Renato. 475 obtaining a spatial Ile permlt nemsadly regjim a U.S. at S0, 106 S.CL at 930. Spee'd"tally,plaintiff finding dirt the prescribed distarcc rcgtdrmomn irdm arsons that two Priwoy demean tender the Warcm certain'teoritive uses, and Ismh calm ad all fatiRtin invalid for failure so it mile nmonvdle albantt;ve an omp&A wAh. Dehdam foticr dote not means of speech. Font, plaintiff avarls dal a &put, IhM a 'stmaitive are". such as a rubstio a; .ucaitive uses essentially has the po-ea,at any time orgenintion.an tiemetically apply for and obtain an during mire lengthy pmsnil Process, to obtain an over eves she car, permit as lean as mile last day of do than msracr mans ,nca.aaM within a dmmc permit laocass,and dos such a ataeeadul application Prohibitiycly:tutu to the proposed adult frailty,dam would effectively'Ima%k air"the pending admit usage cffceurely, 'kmekhall out-de applied for ha'atta as Wia6on it the Leta application would be toe" a pyanrissldn arcs for an adult facility. This.organs within a prahr3ilivoly cline range to We raenaldve plaintiff,Prnvitics 'aemidve uses.' aocb as churches atop- and yotrdr+mcawd businesses, with a de facto .era twct proposed mde dancing faa'Ihira, Strand, Although de4odand din let dnpae these facts, pla MW ovens owl oho number or locations which de(mndaa does argue that them is no cast oa prdnt would be peturieaibk ualcr lbe mdi0anre Is simply which prahiNo aura a process. AhltMgh dole d.n ran smal to amama to a 'nyurtabk' ntmker of appears as be arms In acting that the ineumr alternative shut,cvm assuring that Marc of dr sites question is=of fun inpnaebsn,she Cairn doss ml were in he 'knockal out' at Me 10 MIME by a agree dot Sind Valley'& process tuts is nocessarily sensitive usu. eansWudonal. To ft contrary. the Mdaany which Caps.0 Wtsl 1999 No C71Im 10 M U.S.CWL Willits SEND' BY: 12-16-98 ; 14:55 BEST, BEST,& KRIEGER- 7603417098;#19/21 9"F.Srtpp. 1017 Pam d (Cho era:M pdhtpp.1017.•1020) dots taut es In the grnrral gmtiea of•reamrable dsmazen mquiremmtt wigs regard ID any new alternative awasum far wmmwieaeion' scads us to ,•a,...hea,usdmula or other'90a[tive urea'that might coalition that a syaom w'fmreby third parties can - In drat wry. adarodeea, srhoob mat alher oRec wise neMify the few areas lea uide as Re>ridve'tees would rcmia free In aper, but would "reasonable alternative avelecs,'at least wMe there be an 01021 notice drat, from the time of as adult is Much a paucity of alumnadvc sit" a toasts in the usagu applicadon, they Would be ul®g do risk of inslem cal, makes it areaflwdlebly a ifhctlt, If not tryetrng within close range of its adult danscr. Men lgotgalble, for an oduh wage applicant In complain droi«would obviously thrrr be W the sensitive sun at permit praexw and don is UMOMMOg0a1. decmdf to sake—eishsr go dacwhcn(Which is likely wham lice semidre uR:would do atom the p=n wem The crux of our reamntng lib to me meaning which rmany WrovN). at ddc Itea g femself rear an hat been utributed to tlu; wal. 'regsmnble adult aster. While this obviously would be kxs alternative avoluax of cosmami"Iion." In Topaoga preferable to the draffm of the as lmaaS Nan Me Pecan. Ile. v. City of Lus Angeles, M F.2d 1574, more rectredve mom currwdly empinyed."would 1529 (9th Cir.1993), the Noah Cm"g focused the also be far bas hkely to ton afoul of the constitution, inquiry as billows: Man Ial 7m determining whether us it would pt'ovide potential addt theater owners with the Adult Busheta"' Fine a,n.,,s,a""r don am a rrasmalrk opportunity to fad ahem sou avem¢a of tnrnsercrl is whelhn a local gvvermoeiu has nwsonamienion. [rNl] 'effectively detelledl ... [the Adult Badeeeacel a seasonable oppormaily to Opal and Operste' heel[ FNl,The Cora,agars anaact that it is by on Olmm cumprisc within fit city in denier." 11.dtlag City daveting or P®'t'Rl thou the ceoupl'Ira;tiled afternoon.475 U.S.at 54.106 S.Ct Is 932. be utlrrad by 9®i VaMvy.Rather.the Co1ut nuke day hdses Point only to lihm a the saidanan of In this cue, arc haw a paucity d ketiooe, as eaiaiadkWsl shemaiws to Simi Valley's"hero. elaborated upon below, combined with a system In short, the caiahwca of a relative paucity of whereby a"sensitive use'can uffoctively nuo any one of hest la"dual wasure:wr an upplhallw for adult alxrsultw manes of cals—Wrnion. with wage is made, cvdl if the permit process has beere a procer which effatively=him smwitiw usages n rumrly cmnpkted. For pupuses of the vatam uolivit, prevea an adult usages from ttraelefully completlog we reed decide only this Bich it system of de facto ate Write Proem for only of me avaftable locadum, veto power an the part of dbmdltl,schools,etc.over u stra6tidsMy restricts poresMal matters of pnacaed first mnudment activity Is MOCOmtlumnail oortmlaeiesrion fro throe wishing to ealahMsh adult where the Gebel dmstmetat an: such Mel clubs. Nmw the ordinance ss Is currently cable and altenldve loeatiaoc xre at throated at They are in ibis a it is nmrtanly applied, rod afoul of the First exact. The Iwo fadom combine to make it extremely Amendmm.(LtN2] tikdy Nat an adult rouge applicant, such a Mr. Young. wW have na extramdirarrb difficult WQ. Uefadna argue+the a would bc ingnper to finding a satisfactory akcrrwtive location rood cud Ilror a mere tppll h for taming pppmvd rmas a vesaLL property brunt ss es sum flu. c®�1umg she Permit applcanoo Mrous wads regard R6e Cem'r hoWaw o rd 6rv1 unary, dr ID that location. immortally vnrcd propwty film of an Individual applicent. Itataa,the Coun'c holding 11 thtsty thus fiirNauuOM. the 1'tldtre of Simi Valley to narrowly the.11 dfen of 26i V.W.schwas u such a tailor its aurae:. sus Anton. 475 US. at 52. 106 to make b umuoa•bly diffiurky Mold host S.Ct_ st 931 (analyzing degree to which endum at ummmtladiwalb difficult,for on ndividml to open issue our,narrowly nufo`a')' vades is e in the fact that a uvat daecug fisilky. plot it us n sty hat ma comlitutloaal syslom could paasibOy ail whedry an otter ahenalives—M wall have been util6sd which Individual could krue di:ir descry end applies] fur would have avoidd dp conadmdorul inliventy, location during etc pcmat prooeaa. Rader, she exGtem horn. Although i1 in not tau ale to prescribe Gwu hnhb ony out the nsa of to laws w am plaaaGy how Simi Valley stsould go about akansg sash ac to amount to an ursusotcdy,dielooh,If lea their ardiasect so as to comply with they Constitution. Impowlhle,apples pnaras. We am nerdy for illustrative purposes gat Simi • Valley could, for ceamWk, have coltlptctd an It.F•iounion:of No More Than Three to Foe Malcom which, floor the fume of awl 0aaga Pam"Lecatiom Which Could applicaMot4 would eMcdvdy waist the culling Operate Simadlacouaty. Copy-0 West 19%No halm 10 brig.U.S.Gout.Wurks SEM' BY: 12-16-98 ; 14:56 ;BEST, BEST,& KRIEGM 7603417098;#20/21 lar F.nupp. 101, Para S (Cke as;9"P.Supp.1017,a1021) (31 The Caurt also rams,as alluded m Above.thin me bchd chat the ardfio>aee in qutatiw was cmrsrat mdhanoe is t Iltatonsl on the me xtOnalotal, finding mar a r.A_--`L, Mumk=of milepeatwd L..is dud,a sea without me effectin veto afteerttve lifts did rot ail. 'there, the eaaa held ability of tronsidvc msagn,the arifim rc simply dine. &A,ersii accepting the Chy of Whidkre ptoirmed ova provide for a sufficient nanbi.'r of rrasna, rmmIx of duet avaihhte sleaffive sites vddab dould allernathve locations. It was largely undkptoed in Mal timultncmaty cast, A. "tie pantily of alte,wdve toed the amorturt ammer wsites Mulch could exist u sites Is pJuhg.• Id. at f109. The Nmdh Circuit case Pnc, given din: 1000 fact buffer regoirruarnt. is wnmetely toted that. -pep hula, ere the Chy drga, am. Ikfcddaet did paint rag, horwu c. ifnt that there are adequate atrermtives available for dcxtrmnes exile[[. aldmmlgil ronwiniz at trial that expression of this sort would make a mockery of Full there were cocallaRy only throe separate areas within Amendment prvaxtiom gad .ruuld icerda the city in which Itiations undd damhamousy exist nacdai lidess the Suy=Cores adrrordtirm that an without mfnngddtg the ROM trot buffer lane. also Ordiaance acts Twit Mcflycly detilyl...a reasonable omncd M rare might Conceivably be attic to suerch appotnrmy to open and. apetale an adorn thew the distance between two Ikon w as W amount to within the city.' ' Id., citing 11?n ,475 U.S. at a tool of four tocativm. We will assume,then, for 53-S1,106S.Ct.at931-32. [FN3] papmars of the insnmx amliun, cat the LOW munbi r of.itea ..Lich.>m .;it tim ftsm ousty is fair. We FN3. In an eadin.nutty ludrmart mation prim (worm note, of caorse, tut the total numbs+ of h, trial. dAmdw smdx In diuirwish Walrus porrtolAl locations, without a000umhw Ian the Prigaties on the bait dot Walmat Ihgrrtici ewquutmera that ew a" lontton ex1st within 1000 caromed an aid== Mich would Mgay sea of motheraWh Imwtoa,h of taatee greater. rm=kcly to eaailR tit ums. (Jos Reply (a Sunatry Judgwra Motion a 8), whic it is Ins: Out wamut Propntin ddmdy kAwW in W Indeed, while, acaptiM defrndar's evi once as O"Knorre's rerrwaive duo In untmawty dndlnp true, tho toll) [umber of possible loeatuars, not the ord"nee unumOinelnaal, Walmd prapertim, a=ua t0 for the required huRbr Palle burwmen adult R61 P2d a 1110. the rauat did but rely spun all uasges. Is 11-120, sec Opposition at 6. Inc most urdtmaxn'a narwairtar i.uuwina ma rimer actors relevant number for mgutty is four—as ads Is the in wrigh in to halt=. dp:lfxany,dlv Can did MMkT of adult uasgn which card ro➢ucivAldy exit deternet rill upon eh Mmuo ordinance's , M, 'n effect ri lda at the same tine. Sin 3570 East Foothill Hlvd., Inc. number of who amaudsdt W as •wtoua ire% mm�bcr rA allenrlire x'ila. (lime, e1w rnurt's v. City of Paaadwm, 912 11.8app. IM, 12M statements with rcyNd at the hnpmlenix or (C.A.Cal,1"5). Me NI Ot Citron In Walcott ducrmlrdox the tout wrobw or tan net coma Putpe0iet, hic. Y. Ciry of Whither, Still F-2d I1112 si ithasw sly exit ardor oe ordi wac in an (Rh Cir.19MU, ani"M a sirtu7ar mdlrTarce, made oral' hpowlem upon to tam dud In ordirtnre clear that the primary ieipairy in determining whellter would lure a eurteuive chat. a•pmaurohle'another of alternative afar existed was the total cumber of silos which could caist 'ILA tirnrmsaraacs in the inuant lac arc ramdably siextltaeany. 11ferv.The Carat nits u : sirm'llt. Mr fined mar tare may be @xr stoat which [uluder the soma of the mdidmose it gaeedon. an Can exist simWtalleotely in tlx:insiadt cm iit opposed utirnativn of tow available scruge is nest to to am is hntmadGfim, hives me Nlmh CWtill'S t htglns. This is sit a cane in which A groan finding that tire: rift in the Cily of Wbimler Amount of aemgc would raswamnly Allow a grcota wanted to a 'gearing" emstiardond viohhon. umber of nitsa for adult bui ineMea. knead, this Pence.while It is tam that Ihcru it no•catsanuioml ordinance imposes a 1.01Do-mct aopemliaa at Dix mimooirn ere a rn ttmr of Small law, it is alw true roquiretracat bctercca a", two aft bnslatmn. lost,in eondaedng the ace by weer analysis which ire duchy pfevembeg such butimeues from rLmennis Supreme Court pmacnIm, the clear =aid[ in the Within a p}vda area. The enm*=of.m.:..�.ir.rdc Imtam eau,in lighs of Ninth C;.e.hir jm=Acm,is that to adult llusmesws under lhd; ordinance therefore. me eaUMM or faun pasta" situ which could dcptaxle nut w much an the fool amaugi of aereagu sir®Itwsoully operetc in Ibc City of Simi Valley. available under the wtift scheme.but on how dot simply does not amount to a reasonable hammer or acreegm U dkpcmmt Own ghoul tit City. a crammm near, of can —tins On this bnia it.at 1109. atone, Own, Ow existing mmmnhce violates din Nita Amcndnont_ hi widear 1'cvpert x, me Ninth Circuit Wtirmucy Copr.0 West IM No Claim en Orig.U.S.Govt.Wont SENT BY: 12-16-98 ; 14:56 BEST, BESf,& KRIM- 7603417098;#21/21 977 F.9upp. tOi i POO 6 ((tits me 977 F-%pp.1017,*ICA Per the fmtW remotim. me Cam hereby "t raid anoina arbeme viola=the Fiat Amudmau GRANTS pluimirt'e nmlioo for declaratory and in the Uohed Sores Com[hudum bolt on iA fern and injonceve m6d. 9pwifieally, it u hereby ordered m Wled by the City of Simi VNhy. is diaoaswd drat. dcfcudant City of Simi Valley is peon mly Iweiw myoimd from alfvMng la cemm zoning scheme Kilh teaptxt to the d4ume and buffer zone If IS$O 0Bb6AED. _regoiremcm wrecndy in coca for adah thramn, m dixwced bmda. Punbermore. it is b=W daiared END OF DOCUMENT C09r.0 WM 1999 No Ciaim m Orig.U.S.OoyL Wort CITY 01 P )ILM OESERT 73-510 FRED WARING DRIVE r' PALM DESERT, CALIFORNIA 92 260-2 5 7 8 TEL: 760 346—o6i I FAX: 760 341-7098 info pel m-deserr.org PLANNING COMMISSION MEETING NOTICE OF ACTION Date: December 17, 1998 City of Palm Desert Re: ZOA 98-7 The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of December 15, 1998: PLANNING COMMISSION CONTINUED CASE NO. ZOA 98-7 TO JANUARY 5, 1999 BY MINUTE MOTION. MOTION CARRIED 4-0 (COMMISSIONER FERNANDEZ WAS ABSENT). Any appeal of the above action may be made in writing to the Director of Community Development, City of Palm Desert, within fifteen (15) days of the date of the decision. PHILIP DREL SECRETARY PALM DESER PLANNING COMMISSION PD/tm cc: Coachella Valley Water District Public Works Department Building & Safety Department Fire Marshal s 12 F.Supp.2d 1050 Page 1 (Cite as: 12 F.Supp.2d 1050) Seung Chun LIM, Fluffy, Inc., 5436 Santa Monica Boulevard, Inc., Plaintiffs, 131 CONSTITUTIONAL LAW (�90.4(1) V. 92k90.4(l) CITY OF LONG BEACH, Defendant. Adult business has a reasonable opportunity to open and relocate, as required for local zoning regulation No. CV 96-2742 RAP (RMBx). concerning adult businesses to survive First Amendment free speech challenge, if(1) the available United States District Court, sites are pan of an actual business real estate market, C.D. California. and (2) after excluding those sites that may not properly be considered to be part of the relevant May 15, 1998. market, there are an adequate number of potential relocation sites for already existing businesses. Owners and operators of adult book and video stores U.S.C.A. Const.Amend. 1. and mini-theater brought action against city challenging constitutionality of ordinance regulating [4] CONSTITUTIONAL LAW (=90.4(3) location of adult entertainment establishments. The 92k90.4(3) District Court, Paez, J., held that: (1) ordinance did Alternative site for adult entertainment business is not violate First Amendment right to free speech, and "potentially available", for purposes of determining (2) ordinance did not violate equal protection. whether business has reasonable opportunity to open and relocate so as to permit local zoning regulation So ordered. concerning adult businesses to withstand First Amendment free speech challenge, if (1) it is not Ill CONSTITUTIONAL LAW a90.4(1) unreasonable to believe that it would ever become 92k90.4(I) available to any commercial enterprise, (2) it suits Zoning laws targeting secondary effects of adult some generic commercial enterprise, although not businesses, rather than content of speech involved, are every particular enterprise, or (3) it is commercially considered content-neutral "time, place, and manner zoned. U.S.C.A. Const.Amend. 1. restrictions", and are constitutionally permissible so See publication Words and Phrases for other judicial long as they are designed to serve substantial constructions and definitions. governmental interest and do not unreasonably limit alternative avenues of communication. U.S.C.A. [51 CONSTITUTIONAL LAW (:=90.4(3) Const.Amend. 1. 92k90.4(3) See publication Words and Phrases for other judicial If alternative site for adult entertainment business is constructions and definitions. located in industrial or manufacturing zone, it must be reasonably accessible to general public and have [2) CONSTITUTIONAL LAW (2=90.4(1) proper infrastructure including sidewalks, roads, and 92k90.4(1) lighting, for site to be "potentially available", for Cities may regulate adult businesses without violating purposes of determining whether adult business has First Amendment free speech rights by dispersing reasonable opportunity to open and relocate so as to them over extended geographical area; however, local permit local zoning regulation concerning adult government infringes an adult business' free speech businesses to withstand First Amendment free speech rights if it effectively denies business a reasonable challenge. U.S.C.A. Const.Amend. 1. opportunity to open and operate adult theater within See publication Words and Phrases for other judicial city. U.S.C.A. Const.Amend. 1. constructions and definitions. [2] CONSTITUTIONAL LAW (°-90.4(4) [6) CONSTITUTIONAL LAW (, 90.4(1) 92k90.4(4) 92k90.4(1) Cities may regulate adult businesses without violating Even properties with restrictive lease banning adult First Amendment free speech rights by dispersing businesses are "potentially available", for purposes of them over extended geographical area; however, local determining whether adult business has reasonable government infringes an adult business' free speech opportunity to open and relocate so as to permit local rights if it effectively deities business a reasonable zoning regulation concerning adult businesses to opportunity to open and operate adult theater within withstand First Amendment free speech challenge. city. U.S.C.A. Const.Amend. 1. U.S.C.A. Const.Amend. 1. Copr. 0 West 1998 No Claim to Ong. U.S. Govt. Works { 12 F.Supp.2d 1050 Page 2 (Cite as: 12 F.Supp.2d 1050) See publication Words and Phrases for other judicial constructions and definitions. constructions and definitions. [91 ZONING AND PLANNING @=76 [7) CONSTITUTIONAL LAW c2=48(4.1) 41406 92k48(4.1) Industrial site used as recycling center and public Adult businesses had burden of proving that city dump, industrial site which was vacant lot previously ordinance regulating location of adult entertainment used for mineral extraction, and industrial site establishments denied them reasonable opportunity to occupied by auto wrecking center and junk yard were open and operate businesses, and thus violated First not "potentially available" for use as adult business, Amendment free speech rights, by failing to provide for purposes of determining whether adult businesses reasonable alternative avenues of communication; to had reasonable opportunity to open and relocate so as meet burden, businesses had to show that areas left to permit city ordinance regulating location of adult open to them were inadequate to satisfy demand for entertainment establishments to withstand First adult business locations. U.S.C.A. Const.Amend. 1. Amendment free speech challenge. U.S.C.A. Const.Amend. 1. M CONSTITUTIONAL LAW cZ::P90.4(1) See publication Wards and Phrases for other judicial 92k90.4(1) constructions and definitions. Adult businesses had burden of proving that city ordinance regulating location of adult entertainment [101 CONSTITUTIONAL LAW G=90.4(3) establishments denied them reasonable opportunity to 92k90.4(3) open and operate businesses, and thus violated First Fact that some of the 109 alternative sites for adult Amendment free speech rights, by failing to provide businesses were occupied and unavailable or reasonable alternative avenues of communication; to economically unfeasible was immaterial, for purposes meet burden, businesses had to show that areas left of determining whether businesses had reasonable open to them were inadequate to satisfy demand for opportunity to open and relocate so as to permit city adult business locations. U.S.C.A. Const.Amend. 1. ordinance regulating location of adult entertainment establishments to withstand First Amendment free [81 CONSTITUTIONAL LAW <�=90.4(1) speech challenge; city was not required to guarantee 92k90.4(1) businesses sites at economical rates. U.S.C.A. Alternative site in industrial zone is part of relevant Const.Amend. 1. real estate market, for purposes of determining whether adult business has reasonable opportunity to [10] ZONING AND PLANNING 18—=76 open and relocate so as to permit local zoning 41406 regulation concerning adult businesses to withstand Fact that some of the 109 alternative sites for adult First Amendment free speech challenge, if three businesses were occupied and unavailable or criteria are met: (1) site is reasonably accessible to economically unfeasible was immaterial, for purposes public, (2) site contains proper infrastructure, and (3) of determining whether businesses had reasonable site suits some generic commercial enterprise, but not opportunity to open and relocate so as to permit city any specific one. U.S.C.A. Const.Amend. 1. ordinance regulating location of adult entertainment establishments to withstand First Amendment free [91 CONSTITUTIONAL LAW q=90.4(3) speech challenge; city was not required to guarantee 92k90.4(3) businesses sites at economical rates. U.S.C.A. Industrial site used as recycling center and public Const.Amend. 1. dump, industrial site which was vacant lot previously used for mineral extraction, and industrial site [III CONSTITUTIONAL LAW q=90.4(3) occupied by auto wrecking center and junk yard were 92k90.4(3) not "potentially available" for use as adult business, City ordinance regulating location of adult for purposes of determining whether adult businesses entertainment establishments did not unreasonably had reasonable opportunity to open and relocate so as limit adult businesses' alternative avenues of to permit city ordinance regulating location of adult expression, and thus, ordinance did not violate First entertainment establishments to withstand First Amendment right to free speech; there were 109 Amendment free speech challenge. U.S.C.A. commercial and industrial locations potentially Const.Amend. 1. available for use as adult businesses, 27 adult business See publication Words and Phrases for other judicial establishments could co-exist under ordinance, and at Cope 0 West 1998 No Claim to Orig. U.S. Govt. Works 12 F.Supp.2d 1050 Page 3 (Cite as: 12 F.Supp.2d 1050) most, five adult businesses were required to relocate. U.S.C.A. Const.Amend. 1. [161 CONSTITUTIONAL LAW (8=228.2 92k228.2 [I11 ZONING AND PLANNING c9=76 Where a fundamental right is not implicated, a 414k76 classification created by a zoning law is subject to City ordinance regulating location of adult minimal scrutiny under equal protection clause. entertainment establishments did not unreasonably U.S.C.A. Const.Amend. 14. limit adult businesses' alternative avenues of expression, and thus, ordinance did not violate First [17] CONSTITUTIONAL LAW (:=228.2 Amendment right to free speech; there were 109 92k228.2 commercial and industrial locations potentially City ordinance regulating location of adult available for use as adult businesses, 27 adult business entertainment establishments did not violate equal establishments could co-exist under ordinance, and at protection, despite claim that city's practice of forcing most, five adult businesses were required to relocate. existing adult businesses to relocate while allowing U.S.C.A. Const.Amend. 1. nonconforming non-adult businesses to remain indefinitely singled out adult businesses for [121 ZONING AND PLANNING G=76 unfavorable treatment: classification was rationally 41476 related to important state interest in curbing secondary Amortization period contained in local zoning effects of adult businesses. U.S.C.A. Const.Amend. regulation limiting location of adult businesses must 14. be reasonably measured by the burden on existing businesses. [171 ZONING AND PLANNING G97-1 76 41406 [131 ZONING AND PLANNING G=76 City ordinance regulating location of adult 41406 entertainment establishments did not violate equal Amortization period of 18 months contained in city protection, despite claim that city's practice of forcing ordinance regulating location of adult entertainment existing adult businesses to relocate while allowing establishments was reasonable, in absence of showing nonconforming non-adult businesses to remain as to terms of adult businesses' lease obligations or indefinitely singled out adult businesses for particular circumstances making it unduly burdensome unfavorable treatment; classification was rationally for businesses to relocate within 18 months. related to important state interest in curbing secondary effects of adult businesses. U.S.C.A. Const.Amend. [141 CONSTITUTIONAL LAW Ca211(1) 14. 92k211(1) *1052 Roeer Jon Diamond, Roger J. Diamond Law Equal protection clause protects against arbitrary Offices, Santa Monica. CA, for plaintiffs. classifications of laws and regulations and requires that sirr larly situated persons be treated equally. John Rains Calhoun, Daniel S. Murphy, Long Beach U.S.C.A. Const.Amend. 14. City Attorney, Long Beach. CA, for defendant. [141 CONSTITUTIONAL LAW (^=213.1(1) FINDINGS OF FACT AND CONCLUSIONS OF 92k213.1(1) LAW AND ORDER DISSOLVING PRELIMINARY Equal protection clause protects against arbitrary INJUNCTION AND DIRECTING ENTRY OF classifications of laws and regulations and requires JUDGMENT that similarly situated persons be treated equally. U.S.C.A. Const.Amend. 14. PAEZ, District Judge. [151 CONSTITUTIONAL LAW a228.2 1. 92k228.2 Introduction Rational relationship test applied, to determine whether city ordinance regulating location of adult Plaintiffs own and operate three adult book and video entertainment establishments violated equal protection, stores and a mini- theater in the City of Long Beach as ordinance targeted secondary effects of adult (the "City") On October 18, 1994, the City enacted an businesses and not the content of protected speech. Ordinance regulating the location of adult U.S.C.A. Const.Amends. 1, 14. entertainment*1053 establishments (the "1994 Copr. ©West 1998 No Claim to Orig. U.S. Govt. Works 12 F.Supp.2d 1050 Page 4 (Cite as: 12 F.Supp.2d 1050, *1053) Ordinance") Plaintiffs assert First Amendment and the Planning Commission recommended to the Long Equal Protection challenges to the application of the Beach City Council that it adopt an adult 1994 Ordinance to their businesses. Plaintiffs allege entertainment zoning ordinance restricting the location that the 1994 Ordinance as applied to them violates of such businesses. The City Council enacted such an the First Amendment because it impermissibly limits ordinance in 1977 ("the 1977 Ordinance"). The 1977 the number of alternative channels of communication Ordinance was codified in §§ 21.15.110 and for exercise of their free speech rights. Plaintiffs also 21.45.110 of the Long Beach Municipal Code contend that the Ordinance denies them the equal ("LBMC"). protection of the law because it forces nonconforming adult business to relocate or cease operating their 4. "Section 21.15.110 define[d] adult entertainment businesses, while other nonconforming but non-adult uses to include bookstores, hotels, theaters, night businesses are permitted to remain indefinitely. clubs, massage parlors, sexual encounter centers and model studios which exhibite[d] specified anatomical Having carefully considered all the evidence admitted areas or specified sexual activities. LBMC § 21 at trial and the parties' post-trial briefs, proposed .45.110 provide[d] that such adult entertainment uses findings of fact and conclusions of law, and post-trial may not be located within (1) 500 feet of any area oral arguments, the Court now makes the following zoned for residential use; (2) 1,000 feet of any other findings of fact and conclusions of law and orders adult entertainment business; and (3) 1,000 feet of any entry of judgment for the City. public or private school, park, playground, public building, church, any noncommercial establishment In making its findings, the Court first sets forth the operated by a bonafide religious organization, or any history of the 1994 Ordinance, factual details establishment likely to be used my minors." Exhibit regarding each of the plaintiffs and a brief review of 208 at 1. LBMC § 21.45.110 also provided standards prior litigation among the parties. Thereafter, the for a variance procedure whereby property and Court sets forth its findings with respect to each of the business owners could seek relief from the locational potentially available alternative sites for use as an requirements. adult business. Ultimately, the Court concludes that the 1994 Ordinance as applied to plaintiffs provides a 5. The 1977 Ordinance only applied to new adult sufficient number of alternative locations for entertainment uses; it left the then-existing adult expression to satisfy the First Amendment. The Court entertainment businesses unaffected. further concludes that the 1994 Ordinance does not deny plaintiffs the equal protection of the law. 6. In applying the locational requirements of LBMC§ Accordingly,judgment shall be entered in favor of the 21.45.110, the City does not consider the existing City dismissing this action on the merits and vacating uses of property located in adjoining cities. the stipulated preliminary injunction entered by the Court. 7. The locational restrictions of LBMC § 21.45.110 as applied to city parks are limited to the "city parks" II. identified by the City of Long Beach's Parks and Findings of Fact Recreation Department. See Exhibit 224. The traffic A. The 1977 Ordinance circle, marinas, and golf courses are not city parks. 1. On September 15, 1977 and October 6, 1977, the *1054 B. The 1988 Ordinance Planning Commission of the City of Long Beach held several hearings regarding the adoption of an "adult 8. In 1988, the City's Planning Department entertainment" ordinance that would restrict the undertook a study and evaluation of the 1977 location of new adult entertainment businesses. Ordinance to determine whether the locational restrictions on adult entertainment businesses had the 2. As part of its deliberations, the Planning effect of eliminating such businesses from the buffer Commission considered a 1977 study by the City of areas established by the 1977 Ordinance. The Los Angeles regarding the deleterious effects of the Planting Department found that the existing ordinance concentration in particular areas of adult entertainment had no effect upon the location of adult entertainment establishments. businesses. After holding public hearings, the Planning Commission ultimately recommended to the 3. Following its review of the proposed ordinance, City Council that it amend the 1977 adult Copt. 0 West 1998 No Claim to Orig. U.S. Govt. Works 12 F.SuPP P.2d 1050 Pag e (Cite as: 12 F.Supp.2d 1050, R 1054) entertainment ordinance to require all existing theater" having the capacity for less than fifty nonconforming adult establishments to comply with persons, and which is used for presenting, on a the locational requirements or cease conducting regular and substantial basis, material distinguished or business. Subsequently, the City Council adopted characterized by an emphasis on matter depicting or Ordinance C-6533, codified at LBMC § 21.27.150 relating to specified sexual activities or specified (the "1988 Ordinance"), which required all existing anatomical areas for observation by patrons in the nonconforming adult entertainment businesses to facility; and (3) "adult motion picture arcade" where comply with the locational requirements within two the public is permitted or invited and where coin or years. The 1988 Ordinance further provided that if slug-operated or electronically or mechanically certain conditions were met, the owners of such controlled still or motion picture machines, projectors businesses could obtain a three year extension of the or other image-producing devices are maintained to amortization period ending on August 1, 1993. show images on a regular and substantial basis, where the images so displayed are distinguished or C. The 1994 Ordinance characterized by an emphasis on depicting or describing specific sexual activities or specified 9. On August 18, 1994 and September 1, 1994, the anatomical areas. Planning Commission held hearings on several proposed amendments to the adult entertainment 13. Under LBMC § 21.45.110(A)(1), as amended in ordinance. The purpose of these amendments was to 1994, an adult entertainment business may not be reduce the size of several of the buffer zones, thereby located (1) within 300 feet of a residential zoning making the locational requirements for adult district or residential planned development district businesses less restrictive. within the City (specifically excluding mixed-use zones); (2) within one thousand feet of any public or 10. On September 20, 1994 and October 11, 1994, private school (kindergarten through twelfth grade) the Planning Commission filed several reports with located within the City; (3) within 600 feet of any the City Council recommending modifications in the City park; (4) within 500 feet of a church; (5) within buffer zones and allowing a three year amortization 1000 feet of any other adult entertainment business. period for nonconforming businesses to comply with Exhibit 213 at 8. the amended ordinance. 14. LBMC § 21.45.110(A)(1)(f) further provides that 11. On October 18, 1994, the City Council adopted an adult entertainment business R1055 may not be Ordinance C-7274 (the "1994 Ordinance"). See located in the following areas: Exhibit 213. The 1994 Ordinance modified the adult Fronting upon that portion of Pacific Coast Highway entertainment buffer zones, required compliance with between Haves and Termino Avenue, that portion of the City's parking requirements, and established an Anaheim Street between the Long Beach Freeway eighteen month amortization period (through May 18, and Terenino Avenue, that portion of Santa Fe 1996) for existing nonconforming businesses to Avenue between Anaheim Street and Pacific Coast comply with the less restrictive locational Highway and that portion of Artesia Boulevard requirements. LBMC § 21.27.150. In adopting the between Paramount Boulevard and Downey Avenue, 1994 Ordinance, the City Council relied upon studies and that portion of Broadway between Atlantic from other cities including Garden Grove, California; Avenue and Euclid Avenue. Such areas have been Minneapolis, Minnesota; St. Paul, Minnesota; determined by the Long Beach Police Department to Indianapolis, Indiana; and Phoenix. Arizona. experience a high rate of arrests for prostitution, lewd behavior and disorderly conduct. Such 12. LBMC § 21.15.110, as amended in 1994, defines determination shall be reviewed in three (3) year adult business entertainment to include: (1) "adult intervals, commencing upon October 1, 1997. bookstores" having twenty percent or more of their stock in trade in books, magazines and other 15. LBMC § 21.45.110, as amended in 1994, also periodicals, video tapes or other similar materials on provides that "adult entertainment businesses shall display or available for sale or viewing on the comply with the parking requirements set forth in premises which are distinguished or characterized by Chapter 21.41 (off-street parking and loading their emphasis on matter depicting, describing or requirements). The number of parking spaces relating to specified sexual activities or specified provided shall be the equivalent to that required for anatomical areas; (2) "adult mini-motion picture new construction, regardless of the status of the legal Copr. ©West 1998 No Claim to Orig. U.S. Govt. Works 12 F.Supp.2d 1050 Page 6 (Cite as: 12 F.Supp.2d 1050, *1055) nonconforming parking rights of the previous use." twelve years. The present location consists of Exhibit 213 at 9. approximately 1,200 square feet. The bookstore sells adult books, video tapes and novelty items. Several 16. LBMC § 21.52.201(A), which governs adult video arcade machines are located in the store. conditional use permits for alcoholic beverage sales uses, provides that "(t]he operator of this use shall 23. Although Mr. Blake consulted with a real estate provide parking for the use equivalent to the parking agent regarding the availability of other locations for required for new construction regardless of the status the bookstore and hired experts in connection with of the previous use as to legal nonconforming rights." this litigation, he has not trade any attempt to relocate Exhibit 218 at Z-303. the bookstore. Mr. Blake testified that he has not attempted to relocate because the City of Long Beach 17. LBMC § 21.45.300, which establishes an has yet to prove that he must move to a new location. amortization period for nonconforming open storage and uses, provides: "all open commercial uses not 24. Plaintiff 5436 Santa Monica Boulevard, Inc. is a specifically permitted by this Chapter shall be corporation that owns the Front Door Adult Theater prohibited on the effective date of the ordinance and Bookstore at 5832-34 North Atlantic Boulevard. codified in this section as an amendment to the zoning It, too, is an adult business as defined by LBMC §§ regulations and all legal nonconforming open uses." 21.15.110(a)and (b). Exhibit 218 at Z-248a. 25. Larry Sphar is the principal officer of 5436 Santa 18. LBMC § 21.44.400, which governs the Monica Boulevard, Inc., which owns the Front Door elimination of nonconforming on- premises signs, Adult Theater and *1056 Bookstore. This adult provides that a nonconforming sign shall be removed business consists of a milli-theater and bookstore. It or brought into compliance with the requirements of occupies approximately 3,000 square feet. Mr. Sphar Chapter 21.44 within one year of the effective date of has looked for other suitable locations for his adult a new owner's or lessee's business license. Exhibit business but has not found what he considers to be a 218 at Z-273. reasonable alternative site. He has contacted realtors and potential lessors regarding the availability of D. Plaintiffs suitable alternative locations. He considered purchasing a building on Cherry Avenue, near the 405 19. Plaintiff Seung Chun Lim owns two businesses Freeway, but he rejected this location because the defined by LBMC 21.15.110(A)(C) as adult seller wanted $1.3 million dollars for the building. bookstores and adult motion picture arcades. These According to Mr. Sphar, this option would not have two bookstores are located at 1529 West Pacific Coast been "a good business decision." Highway ("Pacific World") and 6037-39 Atlantic Avenue ("T &C World"). 26. All of plaintiffs' businesses are located within 300 feet of a residential district. 20. The Pacific World Bookstore operated by Mr. Lim occupies 1,500 square feet. Mr. Lim sells adult 27. Two of plaintiffs' businesses are located in the books, and four video arcade machines are available area described in § 21.45.110(A)(1)(f). Pacific World to customers. T & C World Bookstore is similar to is located near the 1500 block of West Pacific Coast the Pacific World Bookstore. There is no evidence Highway, and South Seas Adult Bookstore is located that Mr. Lim made any attempt to relocate either near the 1500 block of West Pacific Coast Highway. bookstore prior to or after plaintiff filed this lawsuit. 28. From 1994 to 1996, the Long Beach Police 21. Plaintiff Fluffy, Inc. is a California corporation Department made over fifty arrests for lewd conduct that owns the South Seas Adult Bookstore located at at or near the Front Door Theater and Bookstore. 1567 West Pacific Coast Highway. Its business is defined as an adult bookstore by LBMC § 29. Under the provisions of the 1988 adult business 21.15.110(A). ordinance, plaintiffs were required to cease operating their adult businesses no later than August 1, 1990. 22. Robert Blake is the President of Fluffy, Inc. He However, plaintiffs applied for and were granted testified that the South Seas Adult Bookstore has been extensions permitting them to continue as adult located at 1567 West Pacific Coast Highway for entertainment businesses at their existing locations Copr. 0 West 1998 No Claim to Orig. U.S. Govt. Works 12 F.Supp.2d 1050 Page 7 (Cite as: 12 F.Supp.2d 1050, *1056) until August 1, 1993. a. 7075-1-1. Lot Size: 65+- acres. Zoning: Commercial. This lot consists of a small commercial E. Prior Litigation center with seven units. In January, 1997, two units were vacant. 30. Because plaintiffs were required to cease operation of their adult businesses at their present b. 7075-1-918. Lot Size: 65+- acres. Zoning: locations by August 1. 1993, they filed a civil rights General Industrial. [FN2] This property *1057 is action on July 30, 1993, in the United States District occupied by a former Nary Hospital. In September Court for the Central District of California, entitled 1997, the existing building was being renovated for Seung Chun Lim, Fluffy, Inc., a California use as a multi-tenant commercial center. As of corporation, and 5436 Santa Monica Boulevard. Inc., September 18, 1997, the building was not available v. City of Long Beach, Civil 934530 MRP(Tx). for occupancy. 31. In response to plaintiffs' motion for a preliminary FN2. Chapter 21.33.020 of the LBMC defines injunction, the City voluntarily refrained from industrial districts as follows: A "Light Industrial" enforcing the 1988 Ordinance pending trial. district "allows a wide range of industries whose primary operations occur entirely within enclosed 32. While the previous lawsuit was pending, the structures and which pose limited potential for environmental impacts on neighboring uses. While City, in November, 1994. amended the 1988 the emphasis is on industrial, manufacturing, and Ordinance as described above. Thereafter, on related uses, small-scale office and commercial uses November 29, 1994, the district court dismissed the intended to serve nearby industries and employees earlier case without prejudice to plaintiffs' rights to are permitted." A "Medium Industrial" district challenge the constitutionality of the 1994 Ordinance "allows a wide ranee of industries and industrial in a new lawsuit. On April 17, 1996, just thirty-one processes that involve more intensive operations.... days before the expiration of the amortization period [O]ffice and commercial uses intended to serve under the 1994 Ordinance, plaintiffs filed the present nearby industries and employees may be permitted." A "General Industrial" district is "considered the action. On May 6, 1996. the City stipulated to the City's 'industrial sanctuary' district where a wide entry of a preliminary injunction. As a result of the range of industries that may not he desirable in other preliminary injunction, plaintiffs have continued to districts may locate. The emphasis is on traditionally operate their adult businesses at their existing heavy and industrial and manufacturing uses." Exh. locations. 218, at Z-172-173. F. Potentially Available Alternative Sites c. 7113-1-16. Lot Size: 10+- acres. Zoning: General Industrial. This property is occupied by a 33. The following commercial and industrial [FN1] lumber yard and truck storage center. sites, listed by Los Angeles County Assessor's Parcel number, were identified by the City as available for d. 7113-1-18. Lot Size: 23,050 +- square feet. adult entertainment uses within the City of Long Zoning: General Industrial. This lot is occupied by Beach. an industrial supply business. FNI. Under LBMC Title 21 § 21.15.560. e. 7113-1-25. Lot Size: 1.6 acres. Zoning: 'commercial' means a cateeory of uses characterized General Industrial. This property is occupied by an by the exchange of goods and services for financial industrial building/commercial enterprise. or other consideration." And under LBMC § 21.15.1460. " 'industrial' means a category of land f. 7113-2-902. Lot Size: 8.6 acres. Zoning: uses comprised of these activities necessary to General Industrial. This property is a vacant lot convert natural resources into finished products. These activities include all resource extmcting, where certain minerals had previously been extracted resource processing, manufacturing, assembling, from the land. It is located at Cherry Avenue and storage, tmnshipping and wholesaling that precede 69th Street. the arrival of goods at a retail land use." See Exhibit 218. g. 7113-13-40. Lot Size: 1.9 acres. Zoning: Medium Industrial. This property is occupied by an 34. North Long Beach Area industrial building/commercial enterprise. Copr. © West 1998 No Claim to Orig. U.S. Govt. Works 12 F.Supp.2d 1050 Page 8 (Cite as: 12 F.Supp.2d 1050, *1057) It. 7115-0-2. Lot Size: 25,000 square feet. Zoning: veterinary clinic. Commercial. An unoccupied two-story office building is located on this property. The site is s. 7119-20-26. Lot Size: 13,800 square feet. located on the north side of Artesia near the 710 Zoning: Medium Industrial. A commercial building/ freeway. auto parts and tire business is located on this site. i. 7115-2-5, 6, 9. Lot Sizes: one at 8.976 Square t. 7119-20-27. Lot Size: 4,600 square feet. Zoning: feet; two at 6,100 square feet. Zoning: Light Medium Industrial. This site is a vacant lot on the Industrial. These lots are occupied by three single north side of East Artesia Boulevard between Sarina family residences and a mini-warehouse near Atlantic and Minnesota Avenues. and 67th Street. u. 7119-20-28. Lot Size: 20,000+ square feet. j. 7116-4-19. Lot Size: 2.8 acres. Zoning: General Zoning: Medium Industrial. The site is occupied by Industrial. This property is occupied by an auto a dry cleaning and laundry equipment facility. wrecking center. v. 7119-20-31. Lot Size: 19,500 square feet. k. 71164-20. Lot Size: 7.4 acres. Zoning: Zoning: Medium Industrial. This site is a vacant lot General Industrial. This property is occupied by a on the north side of East Artesia Boulevard between vacant industrial warehouse. Schilling and Minnesota Avenues. 1. 7119-18-20, 21. Lot Size: 4.7 acres. Zoning: *1058 w. 7119-21-1, 2. Lot Size: 1.7 acres. Commercial. This site was formerly occupied by Zoning: Medium Industrial. This site is occupied by Builders Emporium Center. In September 1997, the an industrial valve and supply facility. building was vacant and for lease. A small, separate commercial structure is also located on this site. In x. 7119-21-3. Lot Size: 19,525 square feet. September 1997, one of the units in the smaller Zoning: General Industrial. This site, which is commercial structure was vacant. located on the north side of East Artesia Boulevard and east of the L.A. & S.L. rail line, is occupied by a m. 7119-19-11. Lot Size: 1.2 acres. Zoning: vacant commercial building. Commercial. This site is occupied by a propane sales business. y. 7119-214. Lot Size: 19,525 square feet. Zoning: General Industrial. This site consists of an n. 7119-19-12. Lot Size: 16.000 square feet. occupied commercial/industrial building. Zoning: Commercial. This site is occupied by an auto body repair and painting business. z. 7119-21-5. Lot Size: 19,525 square feet. Zoning: General Industrial. A commercial building o. 7119-19-13. Lot Size: 12,000 square feet. occupied by an auto/truck towing service is located on Zoning: Commercial. This site is occupied by a jeep this site. repair/parts business. aa. 7119-21-9. Lot Size: 18,925 square feet. p. 7119-20-1, 2, 3, 5, 6, 7. Lot Size: 42,105 square Zoning: General Industrial. This site is occupied by feet. Zoning: Commercial. This site is occupied by a laundry and dry cleaning equipment facility. The a multi-tenant commercial/retail center. The center site is located on the north side of East Artesia consists of nine units and a freestanding fast-food Boulevard west of Paramount Boulevard. restaurant. In September 1997, several of the units were vacant and for lease. ab. 7119-21-10. 11, 12, 13. Lot Size: 53,625 square feet. Zoning: General Industrial. This site contains a q. 7119-20-15. Lot Size: 5.125 square feet: scrap metal and storage yard. Zoning: Medium Industrial. This site is occupied by an auto repair facility at the northwest comer of East ac. 7119-21-15. Lot Size: 8,415 square feet. Artesia Boulevard and Schilling Avenue. Zoning: General Industrial. This site is occupied by a stucco construction business. An industrial building r. 7119-20-19. Lot Size: 4,950 square feet. Zoning: and storage yard are located on this site. Medium Industrial. This site is occupied by a Copr. 0 West 1998 No Claim to Ong. U.S. Govt. Works 12 F.Supp.2d 1050 Page 9 (Cite as: 12 F.Supp.2d 1050, *1058) ad. 7119-21-16. Lot Size: Unknown. Zoning: General Industrial. This site is utilized as a scrap ap. 7157-13-13. Lot Size: 18.480 square feet. metal yard. Zoning: Light Industrial. The site is occupied by an auto repair facility. ae. 7121-9-1. Lot Size: 16,000 square feet. Zoning: Light Industrial. This site is occupied by a aq. 7306-22-49. Lot Size: 7.9 acres. Zoning: machine tool shop. General Industrial. This site consists of an occupied industrial building. af. 7121-9-40. Lot Size: 23,563 square feet. Zoning: Light Industrial. A two story multi-tenant at. 7306-22-900. Lot Size: 5.2 acres. Zoning: commercial and office building is located on this site. General Industrial. The site is used as a parking lot In September 1997, several unfits were Vacant. for the industrial building located on Assessor parcel number 7306-22-900. ag. 7121-9-43. Lot Size: 23,200 square feet. Zoning: Light Industrial. A two story multi-tenant as. 7306-22-904. Lot Size: 8+- acres. Zoning: office building is located on this site. Pan of the General Industrial. The site consists of an occupied building is occupied by a construction firm. industrial building with adjacent parking lot. ah. 7121-10-36. Lot Size: 30,516 square feet. 35. Airport Area Zoning: Light Industrial. This site contains a muld- tenant commercial structure with auto repair facilities. a. 7148-20-9. Lot Size: 78,300 square feet. In January 1997, at least one unit was vacant. Zoning: General Industrial. This site consists of an office and industrial buildings. The buildings are ai. 7121-11-2. Lot Size: 18,000 square feet. occupied. Zoning: General Industrial. A single-story light industrial building is located at this site. The building *1059 b. 7148-20-10. Lot Size: 78,300 square feet. is occupied. Zoning: General Industrial. This site consists of an unoccupied industrial building. aj. 7121-11-12. Lot Size: 5.91 acres. Zoning: General Industrial. This site contains a warehouse c. 7148-20-11. Lot Size: 3.2 acres. Zoning: that is occupied by a building materials and General Industrial. This site consists of several construction hardware business. occupied industrial buildings on Cherry Avenue near 33rd Street. ak. 7121-11-15. Lot Size: 4.8 acres. Zoning: General Industrial. In September 1997, this site was d. 7148-20-12. Lot Size: 3.2 acres. Zoning: under construction as the future home of U.S. General Industrial. This site consists of an occupied Rentals. industrial building with a materials processing yard. al. 7121-11-21. Lot Size: 32,430 square feet. e. 7149-9-2, 3. Lot Size: 10,000 square feet. Zoning: General Industrial. This site contains an Zoning: General Industrial. An auto repair/ industrial/office building. It is occupied by a printing accessories business is located at this site. business. f. 7149-94, 5. Lot Size: Unknown. Zoning: am. 7121-11-32. Lot Size: 32,430 square feet. General Industrial. This site consists of a welding Zoning: General Industrial. This site consists of an equipment shop. occupied industrial/office building. g. 7149-9-6. Lot Size: 4,100+- square feet. an. 7121-11-33. Lot Size: 7 acres. Zoning: Zoning: General Industrial. This site consists of a General Industrial. The site is occupied by a U-Haul two unit office building. The upper unit was vacant in facility and yard. September 1997. ao. 7157-13-12. Lot Size: 16,800 square feet. h. 7149-9-6 & 7. Lot Size: 33,000 square feet. Zoning: Light Industrial. This site is occupied by an Zoning: General Industrial. This site consists of a auto repair facility. multi-tenant office building. In September 1997, at Copr. 0 West 1998 No Claim to Orig. U.S. Govt. Works 12 F.Supp.2d 1050 Page 10 (Cite as: 12 F.Supp.2d 1050, *1059) least one unit was vacant. zoning area designated PD-9. The development area contemplates professional businesses with related i. 7149-10-1. Lot Size: 1.46 acres. Zoning: services. Mini-theaters and arcades are precluded by General Industrial. This site is occupied by a gas Ordinance No. C-5762, adopted September 15, 1981. station equipment rental business. q. 7149-13-927. Lot Size: Unavailable. Zoning: j. 7149-10-2. Lot Size: 1.4 acres. Zoning: General PD-9. This site consists of a multi-tenant office Industrial. This site consists of two occupied complex. It is located in a planned development commercial buildings. zoning area designated PD-9. The development area contemplates professional businesses with related k. 7149-13-908. Lot Size: Unavailable. Zoning: services. Mini-theaters and arcades are precluded by PD-9. This site consists of a multi-tenant office Ordinance No. C-5762, adopted September 15, 1981. building. This property is located in a planned development zoning area designated PD-9. This r. 7149-13-928. Lot Size: Unavailable. Zoning: planned zoning area contemplates a business park with PD-9. This site consists of a multi-tenant office professional offices and related services. Mini- complex. It is located in a planned development theaters and arcades are precluded by Ordinance zoning area designated PD-9. The development area C-5762 adopted September 15. 1981. contemplates professional businesses with related services. *1060 Mini-theaters and arcades are I. 7149-13-911. Lot Size: Unavailable. Zoning: precluded by Ordinance No. C-5762, adopted PD-9. This site consists of a multi-tenant office September 15, 1981. complex. It is located in a planned development zoning area designated PD-9. The development area s. 7149-14-917. Lot Size: 3 acres. Zoning: PD-18. contemplates professional businesses with related This property is occupied by a multi-tenant office services. Mini-theaters and arcades are precluded by building. It is a planned business development area Ordinance No. C-5762, adopted September 15, 1981. designated PD-18. The development contemplates business offices and ancillary services. Ordinance in. 7149-13-919. Lot Size: Unavailable. Zoning: C-6223, adopted January 7, 1986 and revised by PD-9. This site consists of a multi-tenant office Ordinance number C-6783, prohibit theaters and complex. It is located in a planned development arcades in the development area. zoning area designated PD-9. The development area contemplates professional businesses with related t. 7149-14-928. Lot Size: 4.3 acres. Zoning: services. Mini-theaters and arcades are precluded by PD-18. This lot consists of a recreational vehicle Ordinance No. C-5762. adopted September 15, 1981. storage/parking area with related storage and office facilities. n. 7149-13-921. Lot Size: Unavailable. Zoning: PD-9. This site consists of a multi-tenant office u. 7212-2-8. Lot Size: 22,400 square feet. Zoning: complex. It is located in a planned development Medium Industrial. This site is occupied by a pump zoning area designated PD-9. The development area supply and service business. contemplates professional businesses with related services. Mini-theaters and arcades are precluded by v. 7212-2-9. Lot Size: 20,250 square feet. Zoning: Ordinance No. C-5762, adopted September 15, 1981- Medium Industrial. This lot consists of an open storage area and industrial building adjacent to the o. 7149-13-922. Lot Size: Unavailable. Zoning: pump supply business. PD-9. This site consists of a multi-tenant office complex. It is located in a planned development w. 7212-2-12. Lot Size: 16,800 square feet. zoning area designated PD-9. The development area Zoning: Medium Industrial. This is a vacant lot used contemplates professional businesses with related for open storage of pipes. services. Mini-theaters and arcades are precluded by Ordinance No. C-5762. adopted September 15, 1981. x. 7212-2-13. Lot Size: 14,000 square feet. Zoning: Medium Industrial. This lot is vacant and is p. 7149-13-924. Lot Size: Unavailable. Zoning: used for storage of pipes. PD-9. This site consists of a multi-tenant office complex. It is located in a planned development y. 7212-2-22. Lot Size: 32,000 square feet. Copr.©West 1998 No Claim to Orig. U.S. Govt. Works 12 F.Supp.2d 1050 Page 11 (Cite as: 12 F.Supp.2d 1050, *1060) Zoning: Medium Industrial. This lot is occupied by a Medium Industrial. This parcel consists of a vacant used car dealer. It consists of an open parking area lot that is used for shipping container storage. In with related office facilities. January 1997. the property was for sale. z. 7212-2-23. This lot is located in the City of Signal 37. Traffic Circle Hill. (FN31 a. 7219-9-3. Lot Size: 15,250 Square feet. Zoning: FN3. After the Court submitted this matter, the City Commercial. This lot contains a four-unit commercial withdrew this site as a proposed alternative location. center. All of the units were occupied in September 1997. aa. 7212-2-26. Lot Size: 5.9 acres. Zoning: Medium Industrial. This lot is used for outdoor auto/ 38. Seaport Village Area truck parking.. a. 7237-20-24. Lot Size: 16,000+- square feet. ab. 7212-3-7. Lot Size: 3.9 acres. Zoning: Zoning: PD-I. This lot is occupied by a restaurant. Medium Industrial. This site consists of two The property is part of planned development and industrial buildings, both of which are occupied. improvement area designated PD-1. ac. 7212-3-12. Lot Size: 14,000+- square feet. b. 7237-20-25. Lot Size: Unavailable. Zoning: Zoning: Medium Industrial. This lot consists of an PD-1. A multi-tenant, two-story office *1061 building industrial building. In September 1997. it was is located on this site. This lot is part of a planned available for lease/sale. See Exhibit 74. business development area designated PD-1, Area 25. ac. 7212-3-19. Lot Size: 17,800 square feet. c. 7237-20-26. Lot Size: 21.12 acres. Zoning: Zoning: Medium Industrial. This lot is occupied by PD-1. A multi-tenant regional commercial center is an auto sales business with related office facilities. located on this lot. This lot is pan of a planned development and improvement area designated PDA, ad. 72124-11. Lot Size: 17.860 square feet. Area 18. In January 1997, fourteen retail units and Zoning: Light Industrial. This lot is occupied by an two restaurant units were vacant. auto parts retail business. d. 7237-20-40. Lot Size: Unavailable. Zoning: ae. 7212-4-12. Lot Size: 19.166 square feet. PD-1. A planned multi-tenant business/commercial Zoning: Light Industrial. This lot is occupied by a development is located on this site. This site is also printing company. part of a planned development and improvement area designated PD-1. Area 25. af. 72124-14. Lot Size: 13,506 square feet. Zoning: Light Industrial. This is a vacant lot used as e. 7237-20-41. Lot Size: Unavailable. Zoning: a truck parking lot. PD-1. A planned multi-tenant business/commercial development is located on this site. This site is part of ah. 7212-4-17. Lot Size: 1.5 acres. Zoning: Light a planned development and improvement area Industrial. A Charlie Brown's Restaurant is located designated PD-I, Area 25. on this site. f. 7237-20-43. Lot Size: 4.25 acres. Zoning: ai. 7212-9-911. Lot Size: 91 acres. Zoning: Light PD-1. This is an undeveloped parcel of land that is Industrial. This is undeveloped land that is currently part of a planned development and improvement area used as a recycling center and public dump. designated PD-1, Area 25. According to the City, pan of this site was an oil producing field. Plaintiff's Exhibit 181A indicates that g. 7237-20-44. Lot Size: +-3 acres. Zoning: the site is not readily accessible to retail customers PD-1. This is an undeveloped parcel of land that is and lacks appropriate infrastructure. part of a planned development and improvement area designated PD-1. Area 25. 36. Hughes Aircraft Area h. 7237-20-45. Lot Size: included as part of a. 7310-16-61. Lot Size: 1.3 acres. Zoning: preceding lot. Zoning: PD-1. This is an undeveloped Copr. 0 West 1998 No Claim to Orig. U.S. Govt. Works 12 F.Supp.2d 1050 Page 12 (Cite as: 12 F.Supp.2d 1050, *1061) parcel of land that is part of a planned development and improvement area designated PD-1, Area 25. h. 7432-3-17. Lot Size: 12,000 square feet. Zoning: General Industrial. This lot is occupied by a i. 7242-11-9. Lot Size: 2.2 acres. Zoning: PD-1. restaurant. This lot consists of unimproved land. This lot is part of a planned development and improvement area i. 7432-3-18. Lot Size: 6,100 square feet. Zoning: designated PD-1, Area 29. General Industrial. A welding shop is located on this lot. j. 7242-11-10. Lot Size: 16,000 square feet. Zoning: PD-1. This lot consists of unimproved land. j. 7432-3-29. Lot Size: 10.700 square feet. Zoning: This lot is part of a planned development and General Industrial. An industrial supply company is improvement area designated PD-1. Area 29. located at this site. k. 7242-11-I1. Lot Size: 1.5 acres. Zoning: PD-1. k. 74324-23. Lot Size: 11,160 square feet. This lot consists of unimproved land. This lot is part Zoning: General Industrial. This site is occupied by of a planned development and improvement area a restaurant. designated PD-1, Area 29. 1. 7432-10-18. Lot Size: 5,040 square feet. Zoning: 1. 7242-12-6. Lot Size: 2.4 acres. Zoning: PDA. General Industrial. This lot is used for general A multi-tenant office building is located on this lot. industrial storage. This lot is part of a planned development and improvement area designated PD-1, Area 29. m. 7432-10-19. Lot Size: 10,080 square feet. Zoning: General Industrial. This site is occupied by 39. Port Area a welding supply company. a. 7429-7-18. Lot Size: 2.9 acres. Zonine: *1062 n. 7432-10-20. Lot Size: . 5040 square feet. General Industrial. This parcel is used for container Zoning: General Industrial. This site is used for pallete storage. parking for the office building. b. 7429-17-6. Lot Size: 10.000 square feet. o. 7432-10-21, 22, 23. Lot Size: 12,000 square Zoning: General Industrial. This lot is occupied by a feet. Zoning: General Industrial. An office building welding and radiator repair shop. is located on this site. c. 7429-17-905. Lot Size: 6,534 square feet. p. 7432-10-24. Lot Size: 10,160 square feet. Zoning: General Industrial. This lot consists of Zoning: General Industrial. The site is occupied by vacantland. an auto/truck supply business. d. 7429-17-910. Lot Size: 6,000 square feet. q. 7432-19-23, 24, 25, 26. Lot Size: 50,000 square Zoning: General Industrial. This lot consists of feet. Zoning: General Industrial. This site is vacant land. occupied by a transport company with related open storage. e. 742941-37. Lot Size: 7,140 square feet. Zoning: General Industrial. An industrial building 40. The City identified the fallowing additional lots with outdoor storage is located on this property. The as potential sites for adult entertainment uses: building is occupied. a. 7113-24. Lot Size: 17.8 acres. Zoning: f. 74294146. Lot Size: 27,400 square feet. General Industrial. This site is occupied by a Food Zoning: General Industrial. An industrial building 4-Less market and Home Base Center with related with outdoor storage is located on this lot. The parking. Part of this site is located within a residential building is occupied by an electric motor company. buffer zone. According to the City, it would be possible to subdivide the lot so that part of the lot g. 7432-3-16. Lot Size: 6,000 square feet. Zoning: would be outside the residential buffer zone. General Industrial. A radiator repair shop is located on this site. b. 7119-18-27. Lot Size: 7+ acres. Zoning: Copr. 0 West 1998 No Claim to Ong. U.S. Govt. Works 12 F.Supp.2d 1050 Page 13 (Cite as: 12 F.Supp.2d 1050, *1062) Commercial. This site is a commercial center with a (Exhibit 1); paragraph 34(1 ), parcel # 7116-18-20, 21 Food 4-Less market and related parking. Part of this (Exhibit 12); paragraph 34(p), parcel # 7119-20-31 site is located within a church buffer zone. According (Exhibit 22); paragraph 34(x), parcel # 7119-21-3 to the City, this lot could be subdivided so that part of (Exhibit 24); paragraph 34(af), parcel # 7121-9-40 the site would be outside the restricted buffer zone (Exhibit 32); paragraph 35(h), parcel # 7149-9-6 &7 and would then be available for adult entertainment (Exhibit 53); paragraph 38(c), parcel # 7237-20-26 uses. (Exhibit 86). c. 7242-900. Lot Size: Unavailable. Zoning: 44. At least twenty-seven or twenty-eight [FN4] adult PD4, Area 2. This site consists of Marine Stadium businesses could co- exist under *1063 the 1994 and adjacent property. The City does not suggest that Ordinance. See Exhibit 160, Overall City Study Marine Stadium is available for adult entertainment Areas Depicting Sites City Claims are Available with uses. However, the City suggests the property south 1,000 Foot Minimum Distance Between Sites. of Second Street on Marina Drive could be subdivided so that several parcels would be outside a residential FN4. Whether the minimum number is twenty-seven buffer zone. These new subdivided sites would then or twenty-eight is unclear because the vacant lot be available for adult entertainment. previously used for mineral extraction located at Cherry Avenue and 69th Street described in paragraph 34(f) has been excluded from the business d. The commercial center adjacent to the Queen Ma tourist center. The leases for this commercial real estate market by the ours Based upon the Mary evidence submitted, the Court cannot determine center exclude adult entertainment businesses. whether another site in this general area could replace the excluded site. This potential discrepancy 41. Excluding the sites withdrawn by the City, the is immaterial because even an ordinance that allows City has identified 115 potentially available alternative only twenty-seven adult businesses to co-exist in the sites for adult entertainment establishments. With the City of Long Beach is constitutionally permissible. exception of the ninety-one acre industrial site described in paragraph 35(ai), all the other industrial 45. Seven percent of the Commercial/industrial area sites are accessible to the public and, as depicted in of the City of Long Beach is available for adult the photographic exhibits, have access to necessary entertainment businesses. utilities and other municipal services. The vacant lot previously used for mineral extraction described in 46. Approximately forty percent of the City of Long paragraph 34(f) and the industrial site occupied by an Beach is zoned residential, nine percent of the City of auto wrecking center and junk yard described in Long Beach is zoned commercial, and nineteen paragraph 340) are excluded from the business real percent of the City of Long Beach is zoned industrial. estate market under Topanga Press. Inc. v. City of Los Angeles, 989 F.2d 1524. 1532 (9th Cir.1993) 47. Approximately 396 business licenses are applied (junk yards, steel yards. and car storage lots properly for every month, and thirty-six of these excluded under Renton v. Playtime Theatres, 475 (approximately ten percent) are for retail U.S. 41, 106 S.Ct. 925, 89 L.Ed.2d 29 (1986)). establishments. There are approximately 1271 retail business licenses in the City of Long Beach, and 42. The 115 locations do not constitute the total thirty-seven of the retail businesses are bookstores. market for alternative sites that potentially could be used for adult business establishments. The City did 48. In addition to the four adult business not attempt to identify every possible alternative establishments maintained by plaintiffs, there is a location due to the cost of such a survey. The 115 massage parlor that may also be required to relocate. sites identified by the City represent an attempt by the The other known existing adult entertainment City to show the existence of sufficient alternative business--Angeles Nightclub--is in full compliance locations available to the plaintiffs and other adult with the locational requirements of the 1994 businesses. Ordinance. 43. Plaintiffs concede that eight sites are available for III. plaintiffs to relocate, and seven of these sites are more Conclusions of Law than 1,000 feet from each other. These sites are A. Constitutional Considerations in Limiting the described in paragraph 34(a), parcel # 7075-1-1 Location of Adult Businesses Copr. G West 1998 No Claim to Orig. U.S. Govt. Works 12 F.Supp.2d 1050 Page 14 (Cite as: 12 F.Supp.2d 1050, *1063) [11 The Long Beach Ordinance does not ban adult infrastructure including sidewalks, roads, and businesses outright but simply limits the areas of the lighting. Id. city in which they may operate. Because zoning laws such as the ordinance at issue target the secondary FN5. In Topanga Press, the court excluded sites effects of adult businesses, rather than the content of from the relevant market that were located under the the speech involved, they are considered content- Pacific Ocean: in the Los Angeles Airport or Van neutral time, place, and manner restrictions and are Nuys Airport; in areas used as landfill: in areas used by the Port of Los Angeles and/or as oil constitutionally perrttissible so long as they are refineries: on land occupied by junk yards, steel designed to serve a substantial governmental interest yards, and car storage lots; and on land used for and do not unreasonably limit alternative avenues of petroleum gas storage. Topanga Press, 989 F.2d at communication. City of Renton v. Playtime Theatres, 1532; see also, Basiardanes v. City of Galveston, 475 U.S. 41, 46, 106 S.Ct. 925, 89 L.Ed.2d 29 682 F.2d 1203, 1214 (5th Cir.1982) (concluding that (1986). The parties do not dispute that curbing the whether defined as physically or economically secondary effects of adult businesses, such as unsuitable, areas located among warehouses. neighborhood deterioration, crime, and decreased shipyards. and undeveloped areas did not provide adult businesses with a reasonable opportunity to property values, is a substantial government interest. relocate). Only the second Renton factor is at issue in this case: whether the Long Beach ordinance unreasonably Plaintiffs argue strenuously that occupied properties limits plaintiffs' alternative avenues of expression. may not be included in the relevant market, yet they See Pretrial Conference Order,�7(a). cite no authority for this proposition. In Renton, respondents asserted that some of the land in question (21 Under Renton, cities may regulate adult "is already occupied by existing businesses, that businesses by dispersing them over an extended 'practically none' of the undeveloped land is currently geographical area. 475 U.S. at 52. 106 S.Ci. 925. for sale or lease, and that in general there are no However, a local government infringes an adult 'commercially viable' adult theater sites within the business's First Amendment rights if it effectively 520 acres left open by the Renton ordinance." 475 denies the business a "reasonable opportunity to open U.S. at 53, 106 S.Ct. 925. The Supreme Court and operate an adult theater within the city." Id. at explained that the Ninth Circuit had erred in accepting 54, 106 S.Ct. 925; see also Topanga Press, Inc. v. plaintiffs' argument that permissible locations were City of Los Angeles, 989 F.2d 1524, 1529 (9th unavailable: Cir.1993) (quoting Renton ); Walnut Properties, Inc. That respondents must fend for themselves in the v. City of Whittier, 861 F.2d 1102. 1107 (9th real estate market, on an equal footing with other Cir.1998)(same). prospective purchasers and lessees, does not give rise to a First Amendment violation..., [W]e have [31 An adult business has a reasonable opportunity to never suggested that the First Amendment compels open and relocate if (1) the available sites are part of the Government to ensure that adult theaters, or any an actual business real estate market. and (2) after other kinds of speech-related businesses for that excluding those sites that may not properly be matter, will be able to obtain sites at bargain prices. considered to be part of the relevant market, there are Id. at 54, 106 S.Ct. 925, an adequate number of potential relocation sites for already existing businesses. Topanga Press, 989 F.2d Following Renton, the Fifth Circuit found it "patently at 1530. irrelevant" that certain sites were unavailable either 1. Standard for Defining the Relevant Market because the owner of the site would not rent or sell to an adult business or because the site was currently [4][5] A site is potentially available if (1) it is not occupied. Woodall v. City of El Paso, 49 F.3d 1120, unreasonable to believe that it would ever become 1125-26 (5th Cir.1995). The Woodall court available to any commercial enterprise, (2) it suits concluded that neither of these factors was "of any some generic commercial enterprise, although not obvious concern under Renton." Id. Likewise, in every particular enterprise, [FN51 or (3) it is discussing the "ground rules" for determining whether commercially zoned. *1064 Topanga Press, 989 F.2d adequate alternative sites exist for adult businesses, at 1531. If a site is located in an industrial or Judge Collins of this District determined that it was manufacturing zone, it must also be reasonably not particularly relevant" under Renton that almost accessible to the general public and have a proper none of the undeveloped land was for sale or lease Copr.Oc West 1998 No Claim to Orig. U.S. Govt. Works 12 F.Supp.2d 1050 Page 15 (Cite as: 12 F.Supp.2d 1050, *1064) and that commercially viable sites were lacking. 3570 burden of persuasion--here BBI--must suffer the East Foothill Blvd., Inc. v. City of Pasadena, 912 consequences of such uncertainty." 874 F.Supp. 890, F.Supp. 1257, 1264 (C.D.Ca1.1995), affd 99 F.3d 895 (N.D.11.1995). In T-Marc, Inc. v. Pinellas 1147, 1996 WL 593174 (9th Cir.1996) ("3570 East County, the Court held that the law does not require Foothill I "). defendants to confirm that the sites are economically and logistically viable, except as it relates to the terms [6] Even properties with a restrictive lease banning of the ordinance. 804 F.Supp. 1500, 1504 adult businesses are considered "potentially available" (M.D.Fla.1992). The T-Marc court determined that because the Supreme Court has declined to carve out the County had met its burden of complying with the special rules for adult businesses competing in the real ordinance "by presenting evidence that 123 alternative estate market. See Renton. 475 U.S. at 53, 106 S.Ct. sites complied with the distance restriction in the 925; Topanga Press, 989 F.2d at 1531, 1532 ("The ordinance." Id. (following SDJ, Inc. v. City of issue is whether any site is part of an actual market Houston, 636 F.Supp. at 1359, 1370 (S.D.Tex.1986), for commercial enterprises generally.... The City is of 'd, 837 F.2d 1268 (5th Cir.1988)). correct that at times Mr. Bailey improperly considered factors such as ... whether adult businesses would not Here, the Court need not decide which party had the be welcomed by landlords."). initial burden of identifying potentially available alternative sites because the City assumed this a. Burden of Proof obligation early in the litigation. The ultimate burden of persuasion, however, falls on the plaintiffs, who Preliminarily, we dispose of the plaintiffs' argument initiated this action. Consequently, plaintiffs have the that the City bears the ultimate burden of proof to burden of showing that the alternative sites identified show that there are a reasonable number of alternative by the City are not potentially available for use as a sites potentially available to plaintiffs under the terms commercial establishment. JFN6] of the 1994 Ordinance. Plaintiffs contend that not only must the City come forward with specific FN6. During closing arguments, plaintiffs argued alternative sites, but the City must also show that such that the burden of proof rested with the City. If the sites are truly available to plaintiffs by showing that Court were to conclude otherwise, plaintiffs each site is neither occupied nor encumbered by a requested that the Court vacate the submission and long-term lease or other similar encumbrance- The allow them to supplement the record with additional evidence regarding such matters as whether any site Court disagrees is owner-occupied, the length of any lease and the current availability of the sites identified by the City. [7] Defendant has come forward with a significant The Court denies plaintiffs' request because such number of alternative sites but plaintiffs find them to evidence would be immaterial under Renton and be unsatisfactory, primarily because most of the Topanga Press. properties are occupied. Plaintiffs bear the ultimate burden of proof: b. Application The Adult Businesses had the burden of proving that Commercially zoned sites are part of the relevant real the Ordinances denied them a reasonable estate market. Topanga Press. 989 F.2d at 1531. opportunity to open and operate their businesses by There are nine sites specifically zoned for commercial failing to provide reasonable alternative avenues of purposes. .There are an additional twenty-three sites communication. To meet their burden, the Adult located in planned development and improvement Businesses had to show that the areas left open to areas which are intended for commercial purposes. them were inadequate to satisfy the demand for adult Additionally, the area adjacent to the Queen Mary, as business locations, described in paragraph 40(d), is intended for Woodall, 49 F.3d at 1125. commercial uses. The three commercial sites described in paragraphs 40(a), 40(b) and 40(c), Few lower courts have addressed the burden of proof however, must be excluded from the potential market issue directly. In BBI Enterprises, Inc. v. City of because they are located within a prohibited buffer Chicago, plaintiff BBI had the burden of proving its zone. By the terms of the Ordinance, these sites are constitutional challenge. In pointing out that both unavailable for use as adult businesses. Although parties' proofs had deficiencies, the district court locations could possibly be subdivided, that event is *1065 stated "where as here neither side has supplied far too speculative to support the City's argument that entirely reliable information, the party having the they should be included in the relevant market. Copr. 0 West 1998 No Claim to Orig. U.S. Govt. Works 12 F.Su .2d 1050 Page 16 PP g (Cite as: 12 F.Supp.2d 1050, *1065) Despite the presence of a restrictive lease provision (1)the percentage of land potentially available to adult prohibiting an adult business establishment in the businesses; (2) the number of sites available in commercial center adjacent to the Queen Mary, the relation to the city's population; (3) the number of sites located in that center are properly included in the sites compared with the existing number of adult potential market. As noted above. under Renton and businesses; and(4) the number of businesses desiring Topanga Press, properties with restrictive lease to offer adult entertainment. 3570 East Foothill 1, 912 provisions are, nonetheless, part of the relevant F.Supp. at 1265. Given the distance requirements of business real estate market. the Long Beach ordinance, the more relevant inquiry is the number of adult businesses that can co-exist [8] Sites in industrial zones are part of the relevant simultaneously. See id. market if three criteria are met: (1) the site is reasonably accessible to the public; (2) the site Whether the number of relocation sites comports with contains proper infrastructure; and (3) the site suits the First Amendment is a highly fact-specific inquiry, some generic commercial enterprise, but not any and no constitutional minimum has been established. specific one. Id. For example, in Topanga Press, the Ninth Circuit affirmed the district court's finding that Los Angeles' (9) Here, the majority of the industrial zoned sites-- 102 adult businesses did not have adequate with the exception of the ninety-one acre site alternatives for expression because there did not described in paragraph 35(ai), the vacant lot appear to be enough relocation sites to accommodate a previously used for mineral extraction described in reasonable number of the adult businesses. 989 F.2d paragraph 34(f), and the industrial site occupied by an at 1533 (120 sites). In a later case in the Central auto wrecking center and junk yard described in District, Young v. City of Simi Valley, Judge Rea paragraph 34(j)--are potentially available for use as an found that four potential relocation sites did not adult business. With respect to the ninety-one acre amount to a reasonable number of alternative means site, the evidence does not establish that it is of communication. 977 F.Supp. 1017, 1022 reasonably accessible to the public or that it contains a (C.D.Cal.1997). In 3570 East Foothill Blvd., Inc. v. proper infrastructure to support commercial City of Pasadena ("3570 East Foothill II "), Judge development. The vacant lot once used for mineral Collins concluded that an ordinance limiting adult extraction and the site used as an auto wrecking center businesses to eleven relocation sites was are analogous to the junk yards and steel yards constitutionally adequate given that there was only one excluded in Topanga Press. The remaining industrial adult business located in Pasadena. 980 F.Supp. 329, sites satisfy the criteria established by Topanga Press. 343 (C.D.Ca1.1997). In sum, after evaluating each site identified by the Courts in other circuits have reached varied results. City under the tests established by Renton and See, e.g., Woodall, 49 F.3d at 1127 (where more Topanga Press, there are at least 109 alternative "reasonable" sites were available than businesses with locations potentially available for use as an adult demands for them, limitations found constitutionally business. Moreover, the evidence established that at adequate); Lakeland Lounge of Jackson, Inc. v. City least twenty-seven adult entertainment business *1066 of Jackson, Miss., 973 F.2d 1255, 1260 (5th could co-exist when the 1.000 foot buffer between Cir.1992) (where there were more sites available than adult businesses is taken into account. adult businesses needing to relocate, "as a matter of arithmetic" the number was reasonable); International 2. Determining Whether the Number of Relocation Eateries of America v. Broward County, Florida, 941 Sites is Constitutionally Adequate F.2d 1157, 1165 (llth Cir.1991) (twenty-six sites available to an adult entertainment establishment a. A Reasonableness Standard Applies complied with Renton ); Alexander v. City of Once areas not part of the relevant market are Minneapolis, 698 F.2d 936, 938-39 (8th Cir.1983) excluded, the Court must then determine whether the (ordinance unconstitutional because it permitted only remaining sites provide adult businesses forced to twelve relocation sites for thirty businesses); CLR move with a reasonable opportunity to relocate. Corp. v. Henline, 702 F.2d 637, 639 (6th Cir.1983) Topanga Press, 989 F.2d at 1533. There are no (ordinance that permitted only .two to four restricted bright line rules defining when a given number of uses in a half- mile strip of the city invalid); Lady J. relocation sites is constitutionally adequate. Factors Lingerie v. Jacksonville, 973 F.Supp. 1428, 1437 that courts have used to assess reasonableness include: (M.D.Fla.1997) (ninety-five sites provided reasonable Copr. ©West 1998 No Claim to Orig. U.S. Govt. Works 12 F.Supp.2d 1050 Page 17 (Cite as: 12 F.Supp.2d 1050, *1066) avenues of alternative communication as a matter of Circuit looked to the factors considered by the law); T-Marc, 804 F.Supp. at 1504 (123 available Washington Supreme Court in an earlier case: the sites more than adequate). specific circumstances of the non-conforming business, its lease obligation and the ease by which it b. Application could convert to a non-adult business. Ebel II, 767 F.2d at 639 (following Northend Cinema, Inc. v. City As noted above, there are 109 commercial and of Seattle, 90 Wash.2d 709, 585 P.2d 1153, 1159-60 industrial locations potentially available for use as (1978) (three month amortization period held adult businesses and twenty-seven adult business reasonable)). establishments could co-exist under the provision of the 1994 Ordinance. Although plaintiffs argue that the eighteen month amortization period is unreasonable, they make no [101 The fact that some of the 109 sites are occupied showing as to the terms of their lease obligation or and unavailable or economically unfeasible is particular circumstances making it unduly burdensome immaterial. Defendant is not required to guarantee for them to relocate within eighteen months. In fact, plaintiffs sites at economical rates. Renton, 475 U.S. owners Seung Chun Lim and Robert Blake made little at 54, 106 S.Ct. 925. "While the County must effort to find alternative sites for their businesses. provide reasonably adequate alternative locations, the Larry Spahr found one location, but it was too County is not required to guarantee plaintiffs a profit expensive. Plaintiffs were on notice as early as 1988 at the expense of public interest." Function Junction, that they would have to move, yet they did nothing. Inc. v. City of Daytona Beach, 705 F.Supp. 544, 552 (M.D.Fla.1987). [13] Other courts have upheld amortization periods of less than eighteen months. See Hart Book Stores, [I11 The four adult businesses maintained by Inc. v. Edmisten. 612 F.2d 821, 830 (4th Cir.1979) plaintiffs must relocate under the 1994 Ordinance. (six month amortization period approved for existing The evidence also suggests that there is one additional establishments): T-Marc, 804 F.Supp. at 1505 (one adult business--a massage parlor--that also must year amortization period upheld); SDJ, Inc., 636 relocate. *1067 The only other adult business-- F.Supp. at 1371 (six month amortization period Angel's Night Club--fully complies with the 1994 upheld). Given the circumstances, the eighteen month Ordinance locational requirements. Thus, at most, amortization period was reasonable. five adult businesses must relocate within the City. B. Plaintiffs' Equal Protection Claim The number of alternative sites is significantly larger than in those cases in which the ordinances were Plaintiffs allege that the City's practice of forcing struck down. The potential market is more than existing adult businesses to relocate while allowing adequate for four to five adult businesses. The fact nonconforming non-adult businesses to remain that twenty-seven adult businesses could co-exist indefinitely singles out adult businesses for further supports the Court's conclusion. unfavorable treatment in violation of the Equal Protection Clause of the Fourteenth Amendment of 3. Amortization Period the Constitution. The ordinance in question was adopted in 1988 with a [14] The Equal Protection Clause protects against compliance date for non- conforming uses set for arbitrary classifications of laws and regulations and August 1, 1990. Plaintiffs were able to extend this requires that similarly situated persons be treated date until August 1. 1993. The 1994 Ordinance equally. See U.S. Coast. Amend. XIV; City of provided for an additional eighteen month Cleburne v. Cleburne Living Center, 473 U.S. 432, amortization period ending May 18, 1996. 439, 105 S.Ct. 3249, 87 L.Ed.2d 313 (1985). Although the Equal Protection Clause protects against [121 An amortization period must be reasonably unreasonable classifications, a plurality of the measured by the burden on existing businesses. Ebel Supreme Court stated in Young v. American Mini v. City of Corona, 767 F.2d 635. 639 (9th Cir.1985) Theatres that society's interest in protecting (Ebel II ); see also T-Marc, 804 F.Supp. at 1504: communication in the area of adult entertainment was SDJ, Inc., 636 F.Supp. at 1371. In striking down an less important than the interest in unfettered political amortization period of sixty days in Ebel II, the Ninth debate and that the city's interest in curbing the Copr. ©West 1998 No Claim to Orig. U.S. Govt. Works 1 12 F.Supp.2d 1050 Page 18 (Cite as: 12 F.Supp.2d 1050, *1067) secondary effects and preserving the character of the other non-conforming uses. See, e.g., Schneider v, neighborhood supported the classification. 427 U.S. City of Ramsey, 800 F.Supp. 815, 823 50, 70-72. 96 S.Ct. 2440. 49 L.Ed.2d 310 (1976). (D.Minn.1992), affd 12 F.3d 140 (8th Cir.1993). Because the statute has only an incidental effect on Moreover, the two types of non-conforming uses arc protected expression and the unequal treatment of not similarly situated. Two of plaintiffs' businesses adult and non-adult establishments does not directly are located on Pacific Coast Highway between Hayes threaten expression, the classification is rationally and Termino Avenues, where prostitution and lewd related to an important state interest--curbing the behavior are a problem. Another of plaintiffs' secondary effects of adult businesses. businesses on Atlantic Boulevard was the site of over fifty arrests for lewd conduct from January 1994 to IV. December 1996, as Mr. Spahr acknowledged during CONCLUSION the trial. The unequal treatment of non-conforming adult businesses in Long Beach is based on the Because it is designed to serve a substantial deleterious effects they have on the surrounding *1068 government interest and does not unreasonably limit environment. See Young, 427 U.S. at 82 n. 6. 96 alternative avenues of communication, the 1994 S.Ct. 2440. Ordinance, as applied to plaintiffs, does not deprive plaintiffs of their First Amendment rights. The City [151116] The Court's conclusion that the statute does has proffered 109 sites to which plaintiffs may not violate plaintiffs' right to the equal protection of relocate. Furthermore, because plaintiffs' adult the law is based on largely the same rationale as that businesses are not similarly situated to other leading the Court to find no First Amendment nonconforming businesses, the fact that only adult violation. Because the ordinance targets the secondary businesses must relocate does not offend the Equal effects of adult businesses and not the content of Protection Clause. The restrictions set forth in the protected speech, strict scrutiny is not triggered under 1994 Ordinance are rationally related to the the First Amendment. Instead, the rational governmental interest in curbing the secondary effects relationship test applies. Where a fundamental right of adult entertainment businesses. Consequently, the is not implicated, a classification created by a zoning City is entitled to a judgment dismissing this action on law is subject to minimal scrutiny. See e.g., Village the merits and an order vacating the stipulated of Belle Terre v. Boraas, 416 U.S. 1, 8, 94 S.Ci. preliminary injunction. Defendant shall also recover 1536, 39 L.Ed.2d 797 (1974) ("We deal with its costs of suit. Judgment shall be entered forthwith. economic and social legislation where legislatures have historically drawn lines which we respect against Because plaintiffs have advised the Court that they the charge of violation of the Equal Protection Clause intend to appeal any adverse judgment and seek an if the law be 'reasonable, not arbitrary' ... and bears injunction pending appeal, the Court's preliminary 'a rational relationship to a (permissible) state injunction shall remain in effect for twenty days objective.' "). following entry of the judgment so that plaintiffs may seek appropriate relief from the Ninth Circuit. [17] There is no evidence of any intent to discriminate on the content of plaintiffs' speech. IT IS SO ORDERED. Thus, the ordinance passes muster if the City has a ' rational basis for treating adult uses differently than END OF DOCUMENT Copr. ©West 1998 No Claim to Orig. U.S. Govt. Works SENT BY; 12-16-98 ; 14i49 ;BEST, BEST,& KRIEGER 7603417098;# 2/21 050 F.sapp.329 Page T • (Gibe a:1160 F.Balp-329) 3Sf9 P.Asr F0034DLL RIND.,INC_,a City did not offmiagy adopt or give effect to draft CuhYotnla corporation,Plendi f, specific pan Which would tic zoomw di ssshwfion e, to allow, topless dpeCIN at romratd, in IWO W of cm OF PASADFINA,a bludleW cerPNE1194 lack of cmitentonsel i"M Rpm M4 for drat WBR6m M.Papaia►m,Mayor of the pion ss"golfed by Cetfmnis Rdvlro®sval Q22ILY a4 of had=.Ahbt Imes,Dunelec of Am(CfQA),in light of tratidlotry of clty's-PM tion Pbm ft Yid ftriso RC of fist city dolt spedik plan rraa iaroranramt with 9 'r-1 Pbm d 3hom eda,and Carol HIM Hmsnks.Adva c so a to pesthole its rdop im in its , of fora,,wA Ph=ff For The Cl4 Of abnzt dvidence tho chy had impkmorad `:q Pasadena,Ddendies. mum'- neon gene drat rim be bed approved nay +pec>fic No.CV 95-65"ABC RMLS. dra0 Plea. United&talcs Died"Con. ~,L VING 4�PPIBf.1 C.D.ca6fosoie. ..In���.Wr'-CL AAA, awe com[ItA final tigm W OCL 6. 19W. �v^ • 'I a allow topka didda. _ P"- . .A zoning dedlm, ta¢I Aerdnraat mzocr filed f 1953 waloo agahat city. -r .o ask Whether or sat porwasn vas cbanogi%city"eatstleg zoning ad on saatdmlom ally reined to permissible Note ob)ectiw- us usels businesses and city's Whim to wlopt specific pint that woad change Booing m allow wpeaa (gjypNfNGANDp1ANNWG�+604 doming at nalfwnaal. Oo ahY's motion 6,anmewry 4141ddM judgment,the nishiet Comt.Ouse.J.-bald that;(1) Rrrlaumnt owner did don have wmlmGwal r*to city dud not Officially sdnpt or give effect to draft haws its Fupetq MD;d W ag(w ophs dionaW, spedfic per; Q) cu7's �y in alp° of ad dsw, when ncriewog metre decicla4 tows Spode plan evas ant sokly or sabsumlully moult of nooded only toink wbcd= ter not Provision was alleged mvtivc 10 pICV91it 11201113od —=F ton n kmatily relatW m per®srhf`gate Objulive- asmatng Its First Alnadoxm rishls; ad (3) 61y's CSRVSrr11lr1ONAL LAW df"+90-d(S7 zoning ase Itsc festrictim pmkkd pad cal l51 pdteaiauy available An far adult 1)d811e5501 W 9219D-4(5) or s dxrtdn ma to afford reasmetbk alRtmtirc svea¢r ofTo adon r��o woolil �, WOW 40=9 m mamumieatios- renstusm. Italalram Dane* paald have to &___yi gloms Voted. &ff=tYC mat dql fo¢ntfonaBy dare to deprive now of Its ew"c of first Amc dma righh. IU nFAL77r AND RNVIRONMENTOO U.S.C.A.Caau.Afnmd.1. 29.J0(7.1) t991as.10f2.11 161 CIVIL RIGIM 622411(3) CaRfo niff Environmental Qw6ty An (CAA) 7Yd40(3) nyeires Compklkn of ao6umounst 'Dram "pest To prove that cab had Retaliatory motive in not p3tIL) belwc specific plan ties imapletsaemaliaa of part adoring gw1fi,plan with mooing dope*tea world of eby's gcmml plan can became clfeedve. West'" allow topics, banana ores on testourant Ann.Ce.Peb.Rwm.Cde J 21000 of mq owe"an show dot topless detains WAS POW."by Phn Amondmua and that this=rA-t wm aftantial 1q%OPIING AND PLANNING 6P30 shcou in cily's derision to delay ianpst—osoon of 41430 a;ccifs,plea: if Cloy CaoM slow by peepo &--of City Coo cd rout fe s:Rating mg aPeclfle plan bur c.,sere,a w it would have ntoebed same decision in isnpltasesesunt of pat or an of Benue pon is absence of my pmveted conchal.then chy's dwislon CmeihMM Win cily's gueral pion befm apociRc pins eadd not be said N be onomwtladhiml. UB.C.A. surly be adopwd. West's AmI.C®LOvv.Cudc I fM54. Coeu.Ancd.1. [31 TAN WG AND MANNING 4P,167.1 (61 CIVIL RIGHTS 4a2014) 414167.1 CJ W.0 Went IV"No Claim In Orie,US.GOM Workn _qM By: 12-16-98 ; 14:49 ;BEST, BEST,& ]G(IEGER� 7603417098;# 3/21 yob P.Supp.3Zv PAE�g 0 ores:9i0 P.fOtpp.7b91 To prove Itat cry had rcwaunY MO ive In not >ad Nf16°S SriSry divanicn of aCiff so memar a Ong ormfic plan with wn ire^ra^g uw would prinroy{maws,.oed m MJMW38 plat'$Enwrmotemal dalebl, Madan ward r resuurant imparts. U.S.C.A-Coxsl.Anrnd L owner to Om w toes tO&M dancing war proaucd by First Amcrlduncm col Ides this[wean was nubsrarrdal P1 LUts1NG AND PLMDIII4G�167.1 acuV in dq'a decision w alclay lapIcumo orlon of 4141,167.1 �y�.,, apOMIc pled if City could$bow by pnWndem=of QW, dday in imp menu m of specific plan lbat CVWA ce do it would have Mogawd eawe decision in wand MCltdc rat a" allowas mplaa dmcine al ahveace of any pmteeletl Onduc4 tom chy's dwisinn famufm Avis not roict or rnbstaaiaay cools of could cord be said to be unconlotlydotgl. US-C.A. dkged Move a prevm restaurant awtw From, (:nest.Ametal. L $$stating its Pilot AMMIm t rWM1 to Opp[ mpiw ter, but rather was bases des lumber of Mars [61 C,ONb'C1TtMONAL LAW=1911.40) tlnbldlOC ulLvmidy as to construction,Of Vd rao 92M.4(5) X4 pattag facility, dirasion of stiff to Disler To panic dot city had rMhatory motive in not priority is=.Hoed to Twums pisrt's eotiromteaml ado, - padre plan with usanf awes that would nnpoea. US.C.A.COMLAn¢ul. I. aiiw mWaa dancing, hmdm was on msporaa Owner to claw der alders a-408 ward t>�d by [9]CONSTITUTT0f4A1.tAW Q,r-r90A(l) 1.7ssl AmOdmea and that IN.raaaha:t war.o6e.eial 92M.4(I) avhdher pry ha provided adult fear in cllyb decision n delay irrorlememdm of In deter®uue ap=&c plan: if Chy could dovV by MMIlerentz of bn+trttm wi0 remmtde drumx Ircatim to Mtisfy eridrKc dot it world bare reached sum:decklon in Fwae Asamdareat ,ginmen .court is Ott m in4rdm _ iy viable of abasem era of any p.utused about, a dtY'$dalOn koo war.elands aim isanmmaaial could oat be said m be uaanawa ,- U.S-C.A. only pwandalty,a WI--, to scontlly evahme,bol ConstAmerd. 1. amlad Is Nor in ctanidt whether mlocaoee saes VWMW to root bmuesr may be cmW.-d part of (6120MNG AND PLANNING 4�167.1 umd basiaas col vomre madmt and then wMher, 414167.t agar cralu&V tame sues that may nor VoWly be To prove that City had rcuslbuury [tart"' in art cmwidmd m be tun of mhwant font elate Mabel. aftft Spislfl:plan wdh cimmg ChRw INt.world dare am adegmw uumbn of potcttbal ntocatim Am allow uap M d2WHII, burden was on Memnm fat abrndy easdttg imv--. US.C.A. owsu to show[loot topless dancing was ptvtmad by ComLAmand. I. First Amtshmd and Ilea this 0019M lei S&damndal ntW.411) hcrar in city's decision Ito delay Ialple INW0tl of 92M.4Nh7TT'Uy1taNAL LAW�9a.6p) spacifia plug if City tale chow by ptepmderaa:t of evidence dal d would have[arched sane 11CMIm In issues Of wlrtler ML;Myal silty fa lttcdm t duo "ewe of any protected emdmt,tom wty't decision businosscs wire aurally anilabk, were POMMcy could net be said 10 he talmrlsdmfiatll. US.C.A, adc�or Improved sD IoraWerl use,or vane t o Cmm.Amrad.L weK tI1CIL'vaor ro dtercoinjcm of comundml adequacy or atreadve m FEMUW.OVIL PROMIDUK9&i 25114 "i availablewithinockwamdane a m Dou bt Ydof 170102504 st. U.S.C.A.[burs Amend. 1. Cityy-a mativalam for m tloe•lad use daimon,saw lc [11]CONSrInM0NAL LAW di MAM duem®ed m UMM yatdatmnt- . yakW.atu ilgCONyf;T ` t(1NALLAW 0�90.4ts) Omc fficauuy availabM properuce fo motion Of 91►9p.e(S) adapt basing atdc. $$[ring -. • - harm boon City'" decoy on mlplememdw of��c plan ow foca¢d widen relevant anal c0src cout" tote is on wmw Inddc [among allwvg mpka da—% at Iou:rate as m lumber of wiles or pvrrta®a of nataVam was at sosdy Or elbaamally runt of had arm nemary In olabllcn reasonable altawAvc aat'igicd mutivc to put m ramamul owner ham avaaocr d aonnanicuan bade, plant Amendment. ImrmaE in Firs Ame*ad crypts to,pea toplasa US-(:.A.Cntst.Amend.1. bar. Inc alter was based an anobow of metes tOt4A1.LAW dt�90A(1) isdtding lmcaginly a m mtsWlelim of tight rail px]CONRITUT Cupr.0 West 1999 ND Claim to Otis, U.S.Gb Worlts SINE BY: 12-16-98 ; 14:49 ;BEST, BEST,& KRIEGM- 7609417098;# 4/21 90 F.Supp-m pap Mile 0;pal FSspp.3m 9Dt90.401 The&W or tic cue are I&H.blown to ft plNc s CW. n.Wg end teal ma nicdar., allowing 11-16 rod an to mad to he recited here. A bd f saonrary adoh sa..iae,.n in operate demxmnecWy fa city with of the feed mkvml to the iocbad motion FuBowc pop%W"of 135XA pmvidcd mttaawd WilffnBY Avabuis Bit" fw adon husi cncs to afford Pashniff.35W East Foothill Blvd..Im. ("Phimain sneumtble nhera3ivc sv ec, of co®rmi ion is a Citiforrm wrpnrwti that aide 20ffwadY sAder Fret Am Dlesen; ordaaren did not..r Aim G m ermleso'6 Cads,mtmerfy taswa m the 'Red Not an y cYt911 ig %dual Dn inn to Am down. only Quit Cmk, a rmtnamtnmsgelba in the Defendant City Hank bta®ws wax corteotly located In city, 94% of uF Arradras(Chyy.Plddff'a revicir W often mn- dy's Iad ua will"Citud to menictdlsd sod pohlfc nth live vuro end.imNdng,me a Mall of the me.ammd1'one appiitemon fnr Wei%dub notion", Couch prim Osdcr,'bhfrd dammg- PWWff now had ben mule in lag ton )�• U.S.C.A- midat m expumd the resin 's bnsions m o>chrde COW.Ammeml. 1. mpim dining,Mach would Fader the'"Twenty' an 'a"t boaiMm" alder 1'asadam Mt ckvi l Cade q7)Z WING AND PLANNMG 4: 76 414106 City'e Eptim and use rulrietims, anoortle 1146 The Cy assets no Plamdff cum olfai wink sduh broiaaxs en cq=mte ai induum dy in city with ralmbinmefa bomi a do "WITivmy' is mil in We pq.d.tion of 13S.000, provided tuffieiem pakeimlly >p WFIAe nu Pot adah Midnem. 'Ilse City w Ubk .ire. 6u odrrlf Wsbu a to afford dsineghat the'20/TW d'b I=irt In aslmk%mil leasomble avemo of cmmminumiratiuu Creeeal("IG') mot. where a kit bminutea are not sonic VIM Amadmaa s.d:rmee did not moionm pemiHed. See P.M.C. §§ 1719.020 A 17.32.036. any existing Aduk btenese m shod down. only ore Under the P.M.C.. Adak httaimesa are Pt>mi tul adult budoess was currently lacao:d in city,84% nt only in Camatcroid Grnml ('CG") mmm- Id. eity's lad steno mas dedkond to tnidfmial ad IaWR Tl finc,if the city is wpm in entity{Ow the"201 are,all only eat spplirnion tot new ddt bull se Twenty' i. heatrd in sm 10 Zone. Plain iff is col had born owde in W1 es years. U.S.C-A. perodued b offer add[ eWerbirsmtd at din '20/ rxeel-Amead. 1. Mods"dorm lowitin •119 Rogcr J.Ulamood.Sarno Mcidv2,CA,Edward A.Wciu.Aosh1a4 CA,1m Pla®ff. NowMY,%ddtr dupm don fa hrahesx is locoed :r as tG zrm. PadatlQ am"that.Y of Summary 23. Timy Wdt,, Acting City Ally.. for City of 191i5. do Pm.dece aly comadl zm ettem m ton Pasadena. B=dm= 1(mittml, Dtav R. Adtaws, 'brarim Fort Pandem Sp trite Plan' CSpaafic Pteaieh.KEa=Pox A.Sit*.la+Angeles.CA, PWA) d=b tat vWA the ,oac ie which PbWodW3 Pot ddendantt. basin® In tooled m a CO me. Ahcnwt:.rky. Pleindff contends Net me C y Its, delayed Iw ORm•R R& DEFENDANT C"OF impLirputetion of ds "Fart Piumta=SpeelOe Plan' PASADENA'S M0'T10N FOR SUMMARY for tkc p rpm of "Putwmarq and Prow be JtWGMIDd'f OR IN 771E funs ff Amn F=nft topless along at lab place of ALTIR1NA7lVEPAR7IALSUMMARY bhaldim." Sapp. Coop. is. 1 14. ftvh aorr, JUDGMENT Plaidlf Wkgm tilt even If Its Itimm a is am k caW in a CG mot.Poe(31y's eWire addh b shm Ming COLUNS,District Judge. teberne is m, , fmtimal bccau It Pffl fd 0law pa®isaldu lemdom for adult Iddatnata. dcfflft Oehcdsm's motion fam saamuny pdgmwt a in the them a removable opporWuiw Fin empriaiml in attomeuve Wrt21 summin y Jadlma%n — m vw1fit ,of the free speech and due prows chum d regularly tot beetfag bemn dds Cmm ne October 6. the Font and Four wsdh m mdmcrb. 91terefore, im- Alter reviewing the materials mbmktbd by the Rainiff .inn that it is eWi0ed to at adult Ferfim, erg nrrear of emitted, ad We sec file. It is , regaAea of the HoHe in which its *!M hvichy ORDERED that Dr&rrdusfa tmmn is onsmcts is iummil. GRANTED. Oo Augmt 21. 1995. PbhXHf filed a Cabin I.Facloel end r.. doral BvI round agannl Ddrndeit, the 04 Of PWAdeas CCSry'1. ureter 42 U.S.C. § 19g3, accula a dcdmtofy Cur.0 Wcet 1999 No claim to 065.U.S.Caret.Wadi SENT By: 12-16-98 i 14:50 BEST, BEST,& 10t1EGER� 7609417098i9 5/21 ruLc 10 93D P.SupD.329 Echo aw f60 N.suPD•m`bl) judgmrnt aw partlnn's adult hushou amp Pw grs Wsimes in ow in Ilse proper rmming fm an o[ditYata:., w,awond ume Pmft ad Ilya aW,home: (2)trbcmar dv:predominde mm m muertniomam P-vda ordiwam an: uammdtntiond of me City'. reilum m edMa tin Eat Pasadtas w g h m a dwlvdmy l"d�°d• weft ran in �'tt Pwimff from exemiug is m drelf add'nien e First Au"it im rie6s: and (3) wtcd=tbm Jan ta9s spmcdw rend. drtmy d ce. W°'• sufficient allanodw ekes in � Chy for tloh ,nar"'s feesunkr 42 U.S.C.4 IM On ormber m atom With a rc-.cant. 17. 1995, PlainiH filed a Find Amutdcd COOPk"M bn.icttn latau:m D�'� on 7Wy 29. 1997, 0te ('PAC')an same Smund+ sabtrg similar fend. OPI"o t Y 6r "P'G1iD0 GEs a tkclatabtry Ad9acnt dm Pwmi f rw an Oppo.ifm m ncc Clef s but ggdiliofslly RVDL7 Motion far b[s¢d ih a CG nine under tic arm" yodvmnL M, City filed a ag1IY m Uc •20lCwm0'' i6 •specific Plan.-[PN11 Sopdanher 29,1997. FM 0.July 2e.1997,de City tptl on Amw1a m PNI. On NawOw 16, 1995. the City rrle6 an PleWjfr,MWCOWMI m"Whur• la m A—. Anwar in PlairditPs Rod Atdmdcd Cm Khyl. k Ddd ff a fyry trw its Adsoer.Dah"601 dff m led a Jmy to" E.Also m lk 17, 1995, p I O applied fora Discumisa A.SWOO1WFnldSumdad rcrspornrY nvrwus ini0e odor (TIIO') to �m4 enfomcm.l of pttsedltoa'a cowifiami u Oe mit 26, 0 is We twdm of me 1m4r who mom far stamosry Iiw cAftm aaoa petmi ordizimim' m estaWisfi thvl Uwe is"m e�iaruc Of 1995, tic Cmn Ermd PwRtiffe TAO. tkus ludlr"s't enjoining are: oa&,.,r of the City'a per=WM rrnt+(al fad,add Drat tie w." ldi II .P. 56(cpdded IO a a Mau d law." PedR.C3V.P. 36(e6. mnourfL_ to tis erne Ordv,the war ran.oli6a d idE� Voting Say P7d 916, ate [del m Ow mods of PlairdfPs c»oodltadooul 951�CSr.1979). tort, dcmod,440 U.S. 931. 99 �w m me xrgkU>tE orditlNm With dtc bearing all Plehufa applka0on An a Pmwntn.q' S.CL M. 60 LEd.2d 241 (1979), If the adnng IryaaraSm agaimr mforemerd or are (70r'a tlall Pang hie da:br*dm of prod a WW(me daindff 6n a f dfi fearing mdirrwee. 7kc cweolidaerd trial and hesmta duce ), dift n u i gx aTlY art rmlm . showineod on an w took pica Adam do Comet m Nuftrd- 17, 1993. dofrakft me o cok;n PMY In la Naranbu 27,1995 Ord.(ammdcd by Miame of f dsaa fume tared r lid dot,v arose ble Wier 1995 do Commrmaacr oy d fad ta.d. Ifrd d Sl m. for the 54,2 1'MY- Order d m asyer hoz.rn ) R r�>r�••..� •. Uniled Slam.799 P2d . 7S4(6m p oiacd lip w G r emucia c id wmdl a i rve W. S�t•ates*. Sumraay pGmdt and lire itim ammuLL ed by s m m WI CSr.19H6) (9aodoE ewtnkive aetir)ties r>r M 09 Fast lodgtttem Under t>:Frderal Rates: DetkAoe GeOtdtx mtu1 20, *M1995 ' Orthor, !seats of MasdW Iuu, 99 P.a.O. CGS, aET AmcndmLIL CAM dr n dm Phltni r]IG�m Cm Prulinhury (19M)). liie mcam mar,if du m.irg io'h'ln.the injuueum ankting the City to apply leges or do bmdm sir prwd a tries, ttmt parry otahlhh •speejfie plan' is fiuti6ess'LDDe[Tom IG to �y�pendvemum At Of the mordol demtas d CG ad haied Pbimff 9 appfrcmm far SD InjuDct(dn the dim or dcfase to wamnnt pdpoem m aau me Ctpr'c enfaree0cnt Or is adultbalnesS pitars favor. Prtlemot •. Upjobo Co.. Teo 1+.2d teaian the I190, I i91 Odt CIr.1996). POrdm..""e, IM co ac.Y�[ on City', w. nm¢ view 91e evitlmce lmmeomd to glablish[ices: Oa AWd 21R, Im. Pwatiff filed a SuNkmmsl elmoa •through h Pfsm of dz subelmdye am ds Rry ho delayed tirdeJriary b Wm- An&79n V. Ife1Dr Ldhby: OMPI0 in tdlegi..g hoc..477 US.24 . 257. 106 S.(k ZW. Will 91 oox"y of du: is Gowral Im to ao L.Bd.2d 202(IW6). Dta7feaary m atlwrd is Cmsd Ilan m mki�e adsknem Whir me Tm t>sadeo slrocific Pl.a• If do opporca hs die hmderl of proof at foal,090 for d, Predmniatte Pmpmse of pfavcn s Plaotidf the may. I p" hm m hmdon to regale h 6om prrsc ka u9rtin•da>mlae. IPN21 on Jdy 22, 1997. the City fled dre fen of a mm fa emaltury tgmaee's claim Colones Cap.V.Catrea.91 LFd US. P.IPWn Or in dw akuo — pacts! mrtm6ty 317.3B. 106 s.Ct. 234n,2551-S3, [!nice tenubdns 2 d 265 i.m it tip, (low. In cam words. me rooviag Pent',�de,rn oms judpoem m the �s dre mm Ile (1)t fie City are Simi dfeci w dw Jammy hue dw burden m DtdtOE s�tr9idera=dmwiB 13.1995 Dms Eat P'aadasa Specific Nan such it= Awc ea a gutloe woe of matenm tsar. Id. n Cop•.0 Wmt 1996 No Claim 0 Orig.U.S.CWL Weha SENT BY: 12-16-98 i 14:50 :BEST, BEST,& KRIEGER' 7603417098:# 6/21 Poge I 980FAWPP.329 (due ma:w P.Supp.d39.433A 325. ID6 S.CI. a 7553.54. -Instead. ...din budca FIR 6dom 6 specific phut rho bvAaw AM-five. See ha at46afgCd by A Local sill Ragi®ni Moaimr y. City tor LOt on don mvvmg Pah' myAg�m 16 Cal.AppAth 63D, 640. 20 Crl.PWId III,•ahwYg'-nisi , PDiouoS ad m Cie dhwiet eawt- tlnl there is an abrmte of evidcamc assumon She 226 (1993) ('An OR is oyuin>! adrea:vm a pubic ogeney pMpDW m 2PPWW or airy om hay p vjWA pltimwiteg P'TIY a taus.' Id which may have It siltd5cm cfea W the once me trici party 11113fiC9 6d3 Wits bmdco, tmvhaaavd.•) Furdwrmota.tho Ctry Cmsea mmt me mere at m a Coding that me spr+Se plan Is Oadllttmt Will, "ad aftim Pliny may rot —1 nPDn The Clty's Gmcrd Plan bdom the sporJSe Platt may albgatioons or detabb of g,e advent Pdy'a plc kW bt: ulopind M. a 661, 20 Ca1.Rldr.2d 228; ... ITPm adverse PAM's laparlft --- iR31 set hoth GovY.Cu1e§6v}5s. specificfacts slmwhT tut mere is OWE ISM for Tcht,• Fed.0..Civ.P- _We) (ortl"h added). A Ev -Zen=issue" of material fact rsiats 0*asm am ft[3) m t enssm D)rth undme tocshbllll this g,s nusinu, ittE Putty makes a svffidem dKMi% 10 s 4ry PVn in ,stto thit WtJ'a cm-and haf ru been oping,y tCity points an vibih m eaedy elomcru aecordmee VAM Califanlia kw. Pita,fie City pints as witch this . timid ben dw burden of D^mf an m a draft d an'ihodal SW d die X*Mvcd 111A ultra [:clots. a77 V.S. m 721-27, 106 S.O. an Plat ouch 3LW �1 & 2532-33. °The na:re c"ish' of a acioii5a of poast med ypnmkea ct MAY r the plan rt'. sham •333 'luoPaad vmlrer MAY lure a aigtllUat eifal et evldetec in mtppOn o which a the en mvitor ss.and a LNVIRI)NMGNT IMPACT wig fC ImutSciem:dinrc tmlts ha evtdmts w 3LPPOAT is rcwimd' inutti out iv m1g0ad),As well masmmk jury could nawomw fiW ror pitina f.' u a tmlmdem m Caml Bona, Amch ®m PlaCr. A=I,,=,477 U.S. in252. 106 S.CL at 2512- The f[am Haney �, Sr. pyptner. Gnvutmmml. ovianre d the rw,mmfaa is m be bellevad.nd a0 the Irn6a1. St d the Specific Plea dated jatd5able iderenoa are m he drawn m he hvor. W APFU 3.a m which she am m E1R is at 245. 106 S.CL aT 2510: Ce)ffeth v.Umh Pnwa& ,�gm�17-14. nw mepirod EIR Ins Light Co..226 P.2d 661,669151►Cit.l9.w5` )• not tram o W%Wd m dase,and lb-the C54 that nes its amond whit fie matiettmm of CRQUA in 8.Almlyais tvda a a"the P1aa in the Word tone, i1 is to mnvmmg parry-, Pmg,ertoma, 11me City'. •1e+gAmd cruet WR°esa• pUngilT•-wM )reels do hmdai of P &rmdant LLoye Zola has declasd tl u"mc a.vt tmfm visa nn Ttva.to Drtwail rn Ials lrmton,the Omio6 of me Daft that Pasaacoa Sp c&w Ptss in The City. must initially ahmblbk that lbese is an aadm b,,.,of vvi&we m support Pkitrrs Claims. To GCOM11went wig, the ads a 5(c d Pawn". awveooe dus motion for unary jb11QMt 17abldff Ii�ral Rat' Tait Den. rt 1 pec i Pi-candi. ma lion rcl form tufficiem evide= ton R51Ch a meow g to Cafi(mr�s Law,ec sped5o plw etttdd ram mbk POy could'=MOW fid in its farm. wit have teen aattplcd. Not ady have 1>w+e Gem Ton Wags of in Coldswrcy with this 0="al Films,9e a:Pin tit acts ally[womitlau wig,Inc Octeral piatmiff doges muses of e�tian psomt q Section Spsif m me L1y's Cmtm 1983 a(Tidc 42 d the Uotd Snse Conk.110 Cant Pka according . addresses each of Pb=UWs rc=WM chino m rum. In ad um. don City's Dittitior of PWWft aid 1. Ciq•a Impbaemulon of Ye Hmu Pmok- PeoninhlE•)klvlo D.]am,points rd Out 0,hmxry 23. M. the City Coun it by tmtim S9adfm PIM aolhorind staff to haws forward to bring hack on do r... Ws aged& m East puadeua SPooh'm it[RI 1Ie City rmala ta Chas as a mmcr Of jaw it b» Plmr. Psepu wy m its deeilioo. the CinKS was Out gives effect m t1<lmanry 23, I995 version d the Pleimled wid,a draft of this apxife pkv,tml had rant Hatt Paaadelw Specific Pita Wit shum Phimllr a business hwr rot been mw W CO- City Ma. m ben reviewed by the Ciq'a Phodog Canadtaf i- fm the sya�fe amen atlinfa. Cahaed wag h"asir th guff 23:icu i apenf Pam's dmlgud a m m the apaadr Plan,fo+>+m at°ff Ofd g ChyY Gth ercl cplanml for Pan or an could m i plsov M drc mat wvesed by has swam plan. Cd. meal IMor=v forme,stops bents n m a5ow for Godt.Cde 4 65450. The Calitm®s ihvirmnomal its m . echIc ad WIPo[m apptbe d by this gtdib Act CCPRA')MOM h CttoWlcmm of m CDdhad. SpecMeany. Ctmod dirt=td de City Cups.0 Wc$l 19p8 No Claim to Orig.US.UovL Wodu SMT By: 12-16-98 ; 14:51 ;BEST, BEST,& KRIEGER- 7609417098;# 7/21 FM 12 ' 9tl0 rswp.329 • (Cite m 9Ro F.8W.W.0333) poP'm: a.Prcpste an Fnvit6anettW nnpoa Report January 23. MRS. at VA" lane da City Cnmed m me projxe: b.7lepsae PfOP°nd O°m0d°a'rut t0 rpptmed de U,dt plan, $dlmdW a Dail. at 1 S; city., Wm m aiieve sarmlanLy KLH (Cary CMWII Mi mta January 23. 1995). do ci s Geneal 1k Taw 1PN31 Pbl spate tha Otis mr,W, Save effma tobetween me " General Pill and hsadem Spcelik Wm; ere c Ptepate pmposm use Specific Plan.and dw the speafie Pisa row bars etaAtlmris to die City's Zadt Ordiram.rate m•s.eafin efficdvc thee'of Jsamy 23,1995. 16ia • Cud( asse:hleve Isrma<y daft stases: Il of ft Cdys Atunictptl coteaalmcy beaeveco do Cny'a=wg and the Ime Fm The Mlnnc tbem dat rk city comma's P,L,& a Sfiedde Plm'a sAulatim sued slaian m i9a•we stiff tnsaM4brAlo s WAS designations. iwsaimam. tvd".t oa mmmpwndAn by ds lames Dccl.ot1 16. eSp,ya.ye so sudsm mtt'm Wdso 0eoanl �. ale fnN was nni PIm AmmanaR+to.mine crmuswiybw tc TJa City dots argues that P� anal Jiro am dw Drift nod Po lea SpwHic gvwmd by tit.Cray Cmncrg. 1Rtmad.0e Cdy Saw tiM']tafaydrbr Old.Us.11,at S2—%. •mor<pewl approval•to a draft On is order Io beget tl, pr c:c s accessary for i find its fi aPlrow. Fo11ewhV sae itderlm cHealva date of O1s SPa:ific pwdo .s tpa3fic Plan nay not be adopted by a plan, wbcdever send use md"Ima andfor omloa, hit mat but -kyled in aasdance widt do clopaan aualatd+a.c imposed.me amen fled prmahsrG Nitwwit to athvdm a(k=ni Wan (an control dm use ar d derelopmcri of an lots fit 1ha slnrmedve redarit9 sum of ins Waning 9podde Peen seen, to do axlvsum of we CamoinimJ. or by a resolution ar ord'mocc, rcbtgsdma w w devcMmIms aandard-caoainvl Dov'tCodc Of 65354.65453. in the City of Psasdem Zmft Coe ..., m 11m: cacao as fay Ptartfim of do PM41, 2wdog ple'm fah to prams my c.iaeeoe era tarnelm dam Code h iomsiueo win sty proriaiod 61 the due city did adapt the ant Pasadena Spm&Wan ID Specific Han. PJL 1 ai 59. find.Isld¢dQ peewee daP�t wetia� d CArd 1Ca10a9halel Defa. Hurt Htattmttz.an Aaeoedaa pnasta,in which Ms. Hawrska n4vndcd yen in she tpwaen,'Would u •plan,it M PlaiMML PnIM01k mat A Caoma Won of _ be YW npisdm 00,in eRut,the at*pLIg of the MR maww fad aside as to Whether ft Sp me M has process, for ail pmam paposrs,slopped me entire bom tiven effisl by do City. such Ital rot proms of It vkmmmkm of ft Spm4s;Plan...1'. desiasabon by fhe SPeeifie Plan of ih)mtoes as Falaxrdalu Ded.at Ps.L 70AH 1. Tons,Plamdf is widne da:cc sum cw*OLa- a®re drat the SItmIOe Nan could min Cm hauc Wit te law. d&Wly adapld romplenCt litre(.(..Plaiaritp d—m,present any cv;eleata to Ad"DuAly, Waimilf t rociesed m do pRl®Inary mo¢anict lams' no—at eta: iWorittion hearing in This Coral m plweormer 17. •ph; Drsh But 1,aedrm 9¢e)fic PLa dead 1%5, des JW •SRe& pbn' was rover aurally Jwwary 23.1995...h Jim.ac pldnllf rpaamaa,ebe Apnea by die Pasedans(sty CuuodL Sm 3570 Rant dr.ft met was besme the my Coscell oa tb)r den. poathill Blvd.,lac v.City of handeoa.912 p.Suyp. wad, it is she meal texm tlnR. Prepared 1T57, t261(C.D.Cid.1995). 111111101109%n she Ja y mwA4. It was gtvm this dame to renew toe fats der kmmsty m, 190 Is the Instead. phimiff olds as embbsh in n OPpdilim lot dote dal my pub= for®Or pmSc'ntmrw ram use city go"emcs in do'semr)m Bst 1•nadu® Was h:ld w On input m use daaodtt. The abaft sprains plan.' Paloltf tubnes the Agaits RePw 0333 00 was befeae On:C.Ity Camel m JMWry r d ere Cary Maessw as dW City Camm3 deed 23.1995 mats&Ud Limcmba 14,1994. Im"ry 23, 1993. In mat npmL ft OW Manager lamtl Deal.at I I S. ranmvw.•h dw ft aly Conc0 am—the Dmrr )lase Pn dam 9peeifie Pun And recommends In tm Ralber, in is Samaea of Octrdoc Issues WairdiH ,wju ttrw dw'dw Draft End PamIm Specific Plan M dy diapdat des City'$catucetitra and refers In Oa be uaRmd far 0"1,21 s9m C6nthamY Rabadyler dedssss;om Pl. Shed,of Can.hum at dcmonloadom F-ft its Srl f qu— d the 1 32. However. tsowhen is ate d(dan0aler e woem of drt wvitmmemt tmpsel repwl has pwrififl provided rvidem a me diV pram,. $sb gA, DmL Ea. G_ PlaiedR dmI dalasadoo eonamlf ,ram the Dran tNm eu sd .m did ® as use Janie dmiwdwu. Fudhmm+a the City points Cow-0 West 199fs No Chm to Orr!.U.S.rim worts SENT By: 12-16-98 : 14:51 :BEST', Bt:SI,& IUCitlitK- rou04111LIVo,if ofzl FW 13 9SU F.Sopp.:120 [Glee r:98D 1r.Sopp•329,a335) M ific Ylao could Pau totr'e ism or iraeates tomm0ng Ear Ow u M out rde Orel Baal wdeoa Spw city he rppwld inch ow dtl. M be given interim Eivicss Under callfomd raw. [PWI Brat = .. dW de reeontmauedod wu 2. Qly'a Motivation in kUkg to adopt the Fitt roads 25 PW tiff wntads, Puindf has was W pas-4.Specific plan prcxra t,beree mot Ibc City dal in hn impluimt the spwft Plm. Nowhere in tw Opp', w a•rise a.standard dote 1mNcr dc.;b it= d wow point ro aNad®m onak in he omwred pit" in Order to 141151 peirl6ff tmmedds din the predminue term ptdlleye c misirmy widL Ile Specific Plan,of to din That the Ely lea dot almn tdCesWat, well to City's approval of ptoyccb m amurilans will list c th k]H, tomorel the Specific plan is ro Spc irl: P1m's 2dddtlx prevent provisions. lards ewtads �Yh'mmH imm prtwvddg ropes+ dan tic in drat the City "cmdhn to review all duclopmcal vioklsm a[Sec Fear Amedmc vt TW spedflc F,pows on the arm mmmpma by ft Eau VIM m a wwrigAand me rneasoie o cbage me Gan pasahm Speeifie plan pnrmant to ft existing Pasadaa arcs tram IG toCC, don an iu tc plica 7unirbt and CCt aa1 Plan' Jm+ts Decl. at 22. fitodammotal eomtimdmal VII- Rdddff den nut Painiff *Nzrm wide this thenent, elating that late[a constitutional tight m hawi Its POP"awed c[nppaen0y for mine proy" the City br allowed p,oi.Lu m so krawd anti has nwabd them as though CO. ncWWkm fevltwia6 bitch a derision,t pfwm IN hP property weer •heady:reeled,CGY FL Stint. CdOf rated dal ass 'I Pmmcdcr l not the yNviW is tatmHry [Clatd a a pelmtaStble start dbjtctirc.^ Gm brim at 136. pbim;ff dfen do Kwuntheler C6rntiaa Gotpel ChdTL Im.Y. Sad Fnndam,8% _ dcdaadnd at cvidmcc or :ham p+ojem- Ed. lhmdvor.me scelmmdWkbF deelardim dose rvn a fad US. 1221. I225 l9dt Cie.112 I Cut. t%5 1498 Ideality or dlsmef lio Ia41ew or Dman' goy' U.S. iiiig. Ill V. ye er, 112 IS. 30 363 N.so cvidcea:hn the city hat apprand pm*m m if de: S.CLB Rural&v. Yeasts, 3I14 Us. ITS.I(Iwo)- To arm were menned CG. JI M] ibm, mC CW has Invoke 1497, 149fltillY. Ai li fiFina STr "atral-dig pointed W an abscnrc of evidmm to suyport dw c a jinn xNWO'•meted to Non dammtoe rbd rise C' Iesotimdly aced ro rkprivc Plaintiff d is plr nws dahn din din Specific Plain.a'*nn efeu v. Sec Kawaoln by rot: Cty, and PlalOdff Iocr fnled to Ptaem etdhcae or First Arn�aMe.-'h rtpph. or Anoym Grande. 17 F'bl 1227. 1239 ftniCddc at a ri rcawmMe jury coda find that �19"(di cwohg ba din ee PladiBs who alleged the Cuy has givenveo esker toOe SpecITC"an- Cib,,a rmhn in aoddg inn wan mm4.2md by Pte4. 76t Ctry submos thin dtpw4tmn of Dmtd ietarieal m W d'mCbnisadntd. Wehhm, I4'vhopd Am", Adtsee phatiol nget0tttry Npdve,thin truden is . r Ebm wtp,RWM din do mooing of am mew *m 161 To inane a c feaiw raw somlm6 m M mdf u me dam Mir onrh dun Plaintiff in g that to raradla Wall tun., c...'pn,ol appttwtl and mall tpprmd. psdermd by dw First Arocr m l and mat his Sarin. Kmnmb DW. Ex. 16 at OM,7 N ppa5:4. rotund anti a 'substantial li=10 o in dw CSty's Heeevav,Mr. wzd to saved:rat PA.to be city Maim to dolay the htR>ctim'latm of do spQ+Tc Cam«7+t o.Ang of lamwy 23. 1995.the suf wet Plc Sin h4.Healthy Cady Smpol Dbtdet V.Dpyk. 6damod by the City Anemey the this Wmism"as 429 US- 274, 287. 97 s.Ct. So. 50 s.13d.2d 471 in bra akvd and that the nawleledamn mRarding if the City Am by a aerihm hie i ef"m doe was deleted from tee tool (1977). HOWgR7, enf ntrM tint mot to the CMy Cplodl. Sapp. ptcidtderAft Or Die e:V*= Ihat it "Ovid dart ltmthan Dal. W x Oh25:7-25; 0WA7 tm rtwhed Orr Same dedSiMl in Oro absCKe O1 PWWfl'I 0028:7. it Is Mr. Wakum mdamiedas emit rate protected moddtL BUT oat Cb,l dm2im taime be (:'ey r:amal o mn draper ft prnvtsien 1n tea dab said in he uscafdbdidmel. Id: eat also. Doyle v- swm Pain rcomims dw tmadm eflecdw dot. hit. IImhlry City Sehodl District, 678 P.2d 39. 61 id.at DMA-11. (6th Cir.1982) (affirming duvirl MM'S tbdiN m remand hat"ahhatgh Protected adfviy dad PUM a 1•]U.In as PAC,Phiraiff~dw'tbe(717 ea. mbsWd ad pan in am deisied not to ttd&e' a Ndeely==ad 0a cfca of do 5Wtflc Plc so pecher, the board of edrwalim had shmm by A N W Pplsmw:dot sew atnt MTUIM Untie 1—my 23. papant>amm of the rNW= that it watim hart 1993, which runty meet an On — — s roadp the man daium bated onioeidc.m enlauve msdarlmt eabltdad by the intro nt specific Pun.' t activilyJ. PAC a 1 90. In epshm ft Clor afe mates ram df dhe p[aGClai PmGh ao nary pdpaara,haaa"a, Ynleh7 lr Gad W Corr.©Wen 1998 No CLdm W Ong.U.S.Gov+.Works SENT BY: 12-m-98 i 14:52 ;BEST, BEST,& KKiMtXC 113M41111miB n/zt rito 14 gm FSupp•329 (C'de aa:WA F.rhrpp"30."m Cn Fwt6erme. a City'a notretlon [m rraldng a Of MOT in ae City'%Phumirc Ir(Gce. plainmir dI Uad tru dat.im may be WdAv&dens mIrmA 01 Crp,mav teati®ny has.IsWa D.N.in which DaM was aclml Wgus m. In rAwanYa.IS, (5.> EmendMAILif the had "tact brad a,"dI soaPPa$e m do SIR new, tat<,nngs mum; by In Olt mlY for do Em Pandena Spmf'w plat had anYAinc to do mcmba of the City Cmwa rWrft dx M''s Wien cusmlorr With file oxy.to which she rtspmded. jgmrg dcdsim were'imuffieiem to mitt SCUM dear '(yJa. I heard dIL' However. wilco amid N da PIt joverlmtow ubm was on mamas of reds, OUW eaaB frv.n whmn and When run Bard Ibis, direebulmijon.- Kamalco, 17 FM at IM9. The nsld mpooded 'm,.• K hetAhlkr Met— 811. K at Court fond dial jivo 016 cW5 cony ohm rt a On li' '�D1B' 'Wised if ill%tlsau�d cola m sup11C its dc�WaD. dg cameo manba'o mead Iktt dle City wWnM env cmdwe m d0 wMk m cumm m, wi h addidmGl CvWMM. Were sbe MR fer the&peciM pho unfit Ibe buaaa lawavit to%eaoltmd,DA1 Rspar d`d: 'No... P tmdeetiOn„ imo$led d W Cam a clrt'& 13e gnat. uCtefae, bank to the City affaawd the he City cent'% erdec gm"qt smnmmy II li taco, a a we bm un t So Copan ydth a t6w1 plat anvil era bad resolved fide jrd6rr�rd in the CiH'e favor.lFNhl its=.- N.at 02:5-17. DAII IcadMOM m based en Wee. vlumiff dam fit RaW.oW 6 hRposita imdmissible hL#W tMturrens ridm an unidendfitd basin Is dun not i.wdw . Fun ...... n0 colts. BW evm antwinj�I dldfe 61a,tmn[s weR clslm. Iiawvxr.do Can fiek that da ammmn in in fop nbuise and Out, Dam's mllmosN OntY Kavaaha it rimb,m the am C bud bison a irdimm dat a fiw p>m wnoW tot be prosmaCl W htmbn a merido mints mxWon ra ones In per dre Cnaoeil. 201 thtt daribv7 work on the Projrn intpuram r f0* mt din.Owda, 17 F36 t .mold 1337 be atoppal.(FNRI 12". ilm,uhdmv plakdiff eauhudrea a itNitmry motive anthe per OT the City.III Cay'a dwsium errs. pruAomora,dI W tM this lilr!Mipl mW dam ma vkdal On LLrnh.fwv br< tvd n Wit im m do Widen dawag dw SIR ism m dew coo,in turn mere,deg it had neryddrg b.Aa*sts m dD Widen III n.PpsP• l81•list City Wasents dm It has'uMMICmtu rca' peak tff aka mtempta m ettablhh that the City ,bat have Wmesund 11 from ad*pj dre Fit poesaaemd a remminy moth% in Wft work m the pseadna Specific plan." Co Mill. a 26:20-21. Spedit Pm wkb drywit oa tcmi.w.ry of Cnd Mum These masons ipciuk usecremnly U to Whcdia Iht MnnrWni. m Attoclame plammr. wpe. caked M MTA wi l build a Cade. and P2dalL I1dM III anyone set 14111 eO to bet reasons fw III IIWPRF mmv I with die glue LIa fight rail; fire tweaks of dd env ad wort cam Wee exismind. Mum of .ask LhDm rho uMdemUW Wmiog ad Hern,gin araptvdee,'Yes. t sons so...That are p Dgwuacntm pMgM Wilk biCber prinitY a va" of reWame. lim IW4AUm1 m rase of uauss"t d eholr poluimal bff economic rcvi,aiiatiM morn.• II ea. L at 73:7J4. Not-idWirhdr.8 and and lob amW dI scd m eu.atas the Plan due to the Witnesses PW=ff deposed hld m mNdy ion eav,mmmaal br®avaeI such as ires.+d tmtfc; Me7ndtad the«scam%On She 019 WON smppod.but WMI aid twmmmlty ourocrnt Tdo-a m had only heard almm Me rBaamu. M mndff fans m a,wlammr,ennd iW u unrojecd I&Adl bmior+rec. Rbtit a Ciy's Pluarud roam for POSI[ j do lam Dal.all27. iMpkFOUtailm Of fit SpCC& Flan. Evca asfm b* _ mu Ibis Ifi gdm was ape of ft If Inv in rise We SIM.The Cary con mppm,01 man oo with a deemon, rabsI f her Fm [,cows ma it can a asdarsdan hwn ha dmp.kI Wry wheel.t 14vd .mom•fac m.JFN91 FlugualOM PItir ff bM za, who dmm on 'KMILat marfv: aulyek Wq.nd for 61 Dram Bw Paw&—SWO Plan failed lu mite%videos m[Chat die CStyh Chard an td,,.d dm a .isvnrwt adrmv "frm uapwl "I it would hors made dI same QIYk10n b9red an .wld mom from dW M-d Iml da hamaity other koma, such ae uI traffic ewdy Or aWaiung proamd in 8c plat 71fn h%—I mead Ony be m.darmttim from II MTA,ngydlat of die insists avaidad by mluCi g de rmmq ur OM Use hwuk. Oo(Scare CAN of several does nut amamum prrpe..d's,lhv Blwrifa fin"7ada I>rrl.tl S(J. a"ti"t g factor. ph;,diff,bmaeva.mamish that the CSty's Psaffiatd I.-M. risaiir care "I 'City Venom or it rs�.aw gee prv�,:_'. Iq. Opp. m 17:7-10. hpmainm ... idinld dot ss for so eery km%v plmadff'[dklPdoa is baerd...dg—itm tesmIm0' n..III hhwao that oup{dd aI proses atd pMvse lI b Wear 199g No Claim m Ott.U.S.Govi.Woda SEW,By: 12-16-08 ; 14:52 ;BEST, BEST,& KRIBGER- 7603417008;#10/21 rage is 980 F.Supp.329 (Cis all;gm R.Supp.3w.a337) else.• R. 9daa. Can. lams at 1 43. Rrlamcr. 3. Addy At Mioutive loeabom for adult RnIM103 erolabted dcwrateo tadrowry movdly haint=l to do city analdim rob maagamt Phis I.wrud m nut the wily fans da dggw the awrwal Floods of die A.Nw ber of little wailatate SpMlfm Rae.ha os of&"VW*of 101 a ' (1)Stomw to detam(m lvallable Mites [sloe the Idaiddffr in Rawa�hM, Piaimifra only cviderm of a mudwas rY tmdvt test, m conaatcab Pilydiff Warn doo cite City',am holm&solving mdc to City FIMmlft duff,is dtia ease by gobar— Schools,is utemedtudnul beau¢a338 it'ark—tom m m wen fior balndlivah. RdtdlC has im provhWd few hsq, Permissm, feadom for adult ally additional mideass of a retaanmy wit". flew. panto&encnt bmideeea." Ill rialatioa of don 8dven the -many reaaam snicmlad' try me city 10 lnduirMoo,Set!oral in Goy of RaWn T. P n*= limit is dectsims ro delay mamplaneomiwt of the TLem. Inc.. 475 US. 41. lOb S.CL 923, 89 Sptrific Plan,Mh*ff ball ton pmae=d evidaee on L.1111.7d 29(1986): Wathol PntFada, Inc. v. City wkdl a ttaSdmabIc jtcy MM nod out the Pladuarl" of Whittier, 961 F2d IIM (9ll CIr.1988), WL Kaswkri. 17 f1Jd at 1239. F dcnmvm,it*city" *nied,490 Us. Im6,l09 S.CL 1041. 104 LB" dtdsfon to deW loordRanitim of the Spcd6c Pin 157(1%%; and ToPoaea Pre&, Inc.I.lady of Ids is dhshilum to ltle di udtm in Tovi r.. alsocyer. Angeles.999 F.2d IS24(91L Gr.1993),celL deflltd. 721 F2d 126D f91h Cit.IM).@set.d c*A,469 U-5. 511 U.S. 1030. 114 S.Ct. 1537, 179 L.cd 7d 19U fin, im S.cL 723. 83 LUM I32 (1984). IN (1994). FAC at 3237. Plaintiff oomende Slat done Ile illy denw tic piaind apalladrm br a haldpttg is a 'wanim fbaw dispic regarding die eaters of peoai. Then:.dgwcmm ietdtnouy indicated ma(a rie P P,,k, ••vhble ®1 the namuc of the Ckmea7 l ectim fun been Called tpmcaflc*to find a Pieta• w.ppp,a 14:14-12. my as Sid the coy of lie pfainGlPa adult dtc d".and mat the Comea i sttu"a the insputs ro nary 19,Tit S�y=Cmn has led don whdc a tiny may pia nw. l all m leant. Tbm. tk!.own �,.w,adult buSloma bY'disMSSSgP Idea'...err b7 owramrry jud =,L Rovx v . de city or Tovar crckai'Rh may'such regdimbne clams dnhmadvely arced ro day plmaff Ids Find 'Ideal. from cf=dvdy denying ... a cwMotuble Amadmwd lights his end adm and that it wmdd WPMMIY m "Pa and mP=k an aduk I auaIDeuel nm mny to hclpmper for the C ma,al b;,mtr d the s 11ld,out illy Rum ou,475 US.at 54,106 S.CL at iaspatoe to day a bAVft Permit In addition.de 932. The supamt Court bad mover Fancied a b4m pl,iocff rn.cd a lion,:ism of less aim tkpaallua Is.suit for dtlm a"wh wf a ww"mAmmum mamnomy dace indicahA dm Molt reason for his Pesmll •&news for remomblc afirmtrm avesnet W do id awe m Faevcm pratarod aetivlay. t6mnuw oino.o Id, al 53, 196 S.O. at 932 Huwcw. dig SupTc= Court ad flit Ninon Cheul in mma,t,me Piitadr m me Isocm Mae lace ,.a bm Camm bdd tun adula bmmamma'amm had for Shorn through rlrPmitiod estlnm7 rises the only &.sagim in the art estam markea, on an aitel twos de City did son Wtatsat the Spmtifk Pawn fayge will other Fantpetdve IAHdWea send Was m Pwvm its MTN Amcmkw d auiviq. dtssem" d. at Sri. 106 S.Q at 932. Thor. 'the pyftlartore. me City's dmision re8ardlg the pails* eatwmic impacl upon a hoshM 19 ml a Spwric Plat was out spmific to Piiodti,a,it would bEmr to le com&m l by the corns when be in an Viltiatim for a building permit. Tie dneev,wing wbeme, a city art Vmvid ed a busitass specific Plan will affect an emco mmmadlY. wile with a mvd"le-Imrn to laatioi Tapanp Prays, t o Banal of a bwldim Detroit apcsdfceady fmPm•+a Me ttaN Fad w 1529. As a mah. the court it Mot m applirmt &alai. ramify. Plaintiff has out irraluodd 'ia4nW l i.da vdemc a rolaadve sit i amY c „---- otdmtiog don it ism applied to me City •emmnad HY .iabh' a err sly ' 'POW62.1 y' ' as m enad der Usxral pla wad beets Maned dm m apposed w . ',;Navy' ' a nsilehlm.' Ia. (quoting ►aped an the City',desire m IIPpen PhudiFri Foul remod,475 U.S.at 53.106 S.Ct.at 932). Agagnamal aalvldee. 7letdom. bnA m tie dapv,tdm Iaddtew Provided by PhbuK a boated, ate tours is fug m -w-, 'wbdba Ten goblc joy mid mot foul mat Ilia City delayed sdaadoa airs provided w a la,siftm WAY ba me inwmmmg wm of the Specific Pin adety w og aidered pat of an act A lases real came &Nast Putua fps dshc to up-a wo—her. ,,rid.' IPNIo1 and mea wbamm, '�r�6wlmg tame Irta rmr msY 001 ploperty be Coax.t3 Woo 1998 Me Chun an ling.U.S.GdvL W0IkS SENI' BY 12-16-96 i 14:52 ;BEST, BESP,& KKIEUMt MUO0 L1Vat IVLAIe- rate N • seuP.save.329 (Cde w:lAe F.Sev0.M.033n s._ led esme station. Orate are an tle+c ale n Inesy?S pa1,yJ elic inAlye his Buff pat Id the anber a rekr t' l SW for on a Bdy per('— F7 1®ICI. m Whldl qm e Mvpjd�! t1lWetra potenad out elm 1A ill[ CG rant ettCe117tA nlmady a&bft badaasea-" d•n ISM. The Nir& McOanll' de cart rout lM 1.000 fray dlcoeeo rWuia ' from l -adaL Cirait tees anlcoklled fa=rOa Ors a fgt"ivu adeh bWdV ores M 'drawttk a IJa0d * " six is 1D A of the WLa1Ma I Iterdaal aw3; eramd each assumed vile ... to sbuol7m dM six 6 Wt1 of the tdcvent reel ahae maraet as affix, of do I,010 Foot NwAloa provivaa of da (dim: city's ahtk UP FCPtRimn' Fwn lkcl. a 1 0• Ifowesor, beomse dro Cky has nut lu-"' FNIQ-Ties lslnib C1nnd also held Owl a an COW wilh the Iocmdod of de aette.md des,a d the "tasnidcY omaedea when cvaha* a c lad plaittlifrs dea*mtd aped Rom Ole Novcmba 17, patiata trsuwtion site i. m but pre IEe Cplm will 0a 9a9 F Zd a Ma. 1995 hON¢4tprlia Ibis m'ahar' Baum rota'.' Tapantp Ihcrs, anww do cit3's tmahod 01 dctsmimss Mt ttutober (t) fI. aMU& Hemom satuas rhea dtc Fan of PatilikM avallable BILCS in in ac*oia. AraatchoCM 00 regaifrs A fdUL9dM sae to br available, bTIl.; M addtCl p lil CfC mmna M"As pWotl)nlly milady.1'aWI ,heal CMM requimbdd,me COY'.mleddpd rude also ptvrima tlm m9ottea0mt of l 'al!4 6'� the%•Ole;silo(Was of a rem ask bwtam shell Iwesibr3-ty ...We Bed ddamme 0*0.11 PMPal' be a imf 500 fed tram the bmemrlet Of a ses A AM'lbkiaiaQY'avallable when it it Inreatonabb: occupied by a rMWA evaamtY,Publk:a F'iv> to befteve rhea it wm1A ever bot:mne avldWc to say a$OQL Amend lay aw, a Fmk Met uucabur ramm otm effitm1 se. factory, = Wm luean as Wow" usW WhIllh M $csm.l, ... mlantian Bibs winch are Widen '.laud O+ta to cwblhkrwd of[be 9**t.- I mmufaraoriog u iaAlarasl solo ... that are Boil w Wen fhoo feet faae the dada Wells of reamtab)Y iMe to de Aarcral public Bey am (Atha satdt madlrss-' City aH-of'p M�I1 be)fan of fe Markm (ndd'aiaal llsc pcauletins (3)Thins.arms in aomjd=FvdA9.ones which have nla.ma)• , I lain, sta.a,{are be fneloded in the frl m ¢oben D.LmishM-ho _ I 3111 fs espcn, . (a))Paatth,when a reloesrima site suits moo Awaak pefinnud I eladla trnpplae aapyau Bail Prmsduti dr: coat with nm only dywied evldehi'�e of Ids esieWsti t[00 y be 'do W pm or * gV, her also ere itcolon of ac Bites makaprise,d[ao rtny Identified, she Coup wall e.mmdae wimis's the Chy eyme madect.... taO1e MWC2d n Site has 10 IdeyaII nvaO gionee far F IM AMCMhMMt (9) VAN ° obvious, and am pile of the cgresdoa Wiled of PWa es sold dO'e peds faAWg+' Which arc taar�ssiay A(t=pak -%a amft sou"Afs and atpvey,wbcb Mark" hchrdcd a Grad ehady,L&MISWW owaludod dw.dbra Toparlp FO:tt.959 P.2d at 1591.IFNLII ibk'sbd for are bctvtorn 11 ro 10'dlma0mib Possible FNI I. The cad future; aRis ut0 OW Ira: a adak uses In ms City of hsmk " Thiel{,pnbb w Fdocada dtc is Band rate Pan of Oa make'd LwA. at 14.-Ne II>mmaaa zd IN)d mo is tee ede me Whaha a rckcaiut sac will remit a depelod GO 911M ItM flfil addk 1a0dne A Mara • Asa prtrtiu hither awdtcad cues.a mom pro"to Camia iag the I,= will mpatidn° �ail- to axmmmetdty h mrm for m ardde ro Id. Farihemme. to detr+mim Me MW ISM to Whaeha saY sic h lea _ POW ry�Ly avulable lam% Gar adaY Laotlmt to Illy %rats fa uun.mcid aBuprnes 1:Maldty cityO CG Yt m. )ydi%haw eorctdemd sbe Fadowlog Topsoils V.sa.M F.2d M IS31. fiaOA. (A)do p"Mooly eseheiaa from "eOnntaw: ens" (2)Ardysis ow,daad by sulord6ft 211' of the Adifidoaal Use RCZOfadma of § MUM() ISM (mot dmlmce The omhmds dine Its 2M 160 a ft cr ttal: pia 6 mda4 budowsca only M e379 me CG t f feviveracm n or§ 1Y.64.12D--.mat w Basil, . Mtrid WN ) aamg deice arc An'ltlC111M um� sow evi cat b ode M-A1 bond the maaltcec Or 1r adlfs IMIARM e ) of which fees e 114021 74alhlde al¢nladve coca o srehUd P4f L•orridecsien of an CCi-1 as wen as ad%%[adah basiasss that mggbl lMW i< (c) me o cdn wwd a '�mA M VA-11100 Ue Cliy.CriY MOL at2 8-16. The CitY®inwm That oWrkt ptopeny cupt.CY Wcu IM No Ctana to 04.U.S.Gout.Wolin SENT By: 12-16-98 ; 14:53 ;BEST, BEST,& KRIEGER' 7603417098;#12/21 hge IT ' M P.Supp.329 (Clbe 0,4t0 F.SapW SM.a339) Hof me Additipwl U%0 Royuktlom all 17,2e.P16; ssarn. di a roll Wale mukn.' M. N 1 Z3. (mW, Iwdedl. fka:cxcbeioo of W pluyeny Ulan �' 10 � (� In ten. lamidaw directed his wart pNra®lly of 4, dirq Wifyi ' --•---2101&A MS In ft ddlmdae in Me I", it a" round Pry'sfm7iisn am of Topaop Plea,IM v.Ciry of la Angdes. veer land]m ow dalr Prcdte wlodom and dgaal 969 P.3d L524 (9d<01-1993). Mod w'ch ju.ti5nd Oct hdannnirm back to (him]:" RL sL 1 25. the cowbolon dint the VOINI Y could PWaIY bit (•>*Asd wacm. Latelm duo wl bal me aw saweadarhd from tlac[clenaa reel rotate aadtn. •tl Provartws Of as of thus 2kC9 ra wti4L e VIM Lmashaw Dad.all 14. vla¢TMg roman = Va krafod.' is wall ON feu kvd3 of cachnioae 'advdlak any propcnial'ow w m Ww■F"a der rlpn.f�SAaN p fww J ow as Iaw..3 huil.S..p w It m eah Or to delermine I681 betwC3 It and 16 At, wcln smNuc'Mch Mow a rofidmw LI.m 128. pwnlially Waflable for sdsit UW 10 the 61Y. $t(anlPicu a added). Fia■liy,aw aml egorlaaly fur rbu Cwm'a m ly4ft. lunidaw mebakd IL sppeme dot Plaiwilf a new auec*ft In dlsroxE prepeabs wh". in ibis) arokrcimd opinion imu f firm it, own uxoen'e spre, 1". "Ighe should prgferty he ociuded as pan ro Ibe ISIeYne qudififmana. 'Ihwt4tiraSY,' is not the equlvsknd of real ethers Wild udder Pre ar=b sat man In dw W mnaaarraly' uPemSnf .... Lhe hcarvok oo TPmPa arm ed h 1d.o 1 32. sameFrope i ct did in unction mly dab with dmmdral I amiwfaw udwlyd beer"w dste wwor+imltrdw ptcli®rrMry 1 BumnntadMdwors w Prrywny, a wlaar tremmm ptnpa-.that I%, u IMt wrere am fl® an pp.y,a ra[.kalwralP.POPOV—0-1 by do Id ewulnadon of a warim cow, od an rx®.admL of pralw a un Lab ofCd Tah Urdvenily,and prO" htdlddusl parcelg m No wlal was aawlly an]bran w'alpkd by PBBCU. Id.8a.la To am wlw 11 wmaly tonne]on wrc FORMS,Ph-- c ice dw KawAft er dvcbnafimL...0 PL Sim Ila] Wwk, Larmanaw lalftataa do be "did noa Goa, hewer al 1 25. IFN131 Ye, IAml1haw'1 anmw b,Aderadae wbww my of Ilan Tworedcally dtw4ration rovl24 wet Ills delm,"radon waa to fact permissibie aroar winch DWI idmilged contained'ilea made by eaMmirdng•S40 the iMlvidiwl pameb. not whkb wCM famia]]y amlable. wero we4 mely by @imply looking a a apning map.(FN14I d fl e1QpA M ®prod for too hwmaca ,ee, of pmscaled WIC9u9m P21ft Salaam: nine kwtma to FNI3, The Cuun pates to PWWfr M run iftiuv d to rile Cowl 01crolimOon ur files Wmw oq¢n "M my M OPPvdf'°' w d'i. availabh:vaift dle Lelcvan teal ealmc reader. First Macon. Iluw". ' LU-fiff W6 fl a the Coed lamddmw Decl. at 1 15. Sac Rratm0.473 U.S. if dwy '--wrdrnm rocal"a rilno Nw PYI r 17. 53-54, 106 S.C►. at 932 (tact WA ]nano PuPmficl 1995 kxms is om)urtion We pdoulm's wiad Issas Pl.a may phc+dY be OCCtlpiCd a IrIH[Ymld: Woodall V. ro warm r l�n. re man.om. mmay1 t Cie of III Paw,49 F9d 1111, 1124(Sit Cir.190). eon. dudW. — U.S. --, 116 S.G. 516, 133 FNL4.Imnialn O d-h. Wit Ne"fin]rice"In bb LFa7d 425 ("fan da a @itc may fall be edvcy w n mviuw ere C4Y'a raft wd nee ng mmwcisOY drairnbte dues apt rand"it usrvpilpbin mT1 W ido4ity all of fM p^Y+^b'loeaed b'me ... eow°rr"'wi viewlity is not a tdevem CO lame. Ism ysnkmw DML all n Tk wa eoa@identim.•); TupwW Prca. 989 F.2d m 1532 aup�hrrrrever.ran m Adad a fcw surrey...m (6ading Ikri faemas avcb as ahetha reioce"Sims Pa. 'vdemwaim as m do exismrec and teoniw we oppauv* c Wcuarrr er wbwher dull Imlim of ew;y . tare' ... as wdl as to buelnerrea pro am welomed by laudlorda arc daaTuim wbdtwr den anm:kamp widdn abose joloolm). Thom, the 11 m Id 'lane dim Ladi&mw -amex with ow mes or caits which faml mddddnI Ina PW"to an'meomdallY■vailablO.a arc i'fan mrca.... AnoMcr asap A Of 111E Mid sash'was m put of din Icica'am rev]grow uarksl punwwd w Sw ether hafontalou is Orrin m tlaalnlpc whraha Tupmpa Demo.WN L31 uddu die tool of Ibe Tamp Pru s—loam were arry faaa7 proamr wludr --ll ""WY pmpornes bomwv laity wan Tut pal or nit rdavmt FNIS.Thme Rho are as frilam: siren 2nterueuLion t orange aruw� a 1rweLor 2 to 3 sierra Bonito 4 aainut 1 point s oak Capr.o wan]998 No CIa"vn to olis.U,S.GovL Wodo INT BY: 12-16-98 : 14:53 :BEST, BEST,& KRIBG R� 7603417098;#13/21 0 hip19 9811 PSW.329 • Wtc�:9a0 P.htispP.739r a34f) _ �lermtive orate of aomnnvicNion.' Ed. SimhatJ. 16 sit=did not evaluate the oalmt a status of the P1eiWiff.ern. to sell is dz roan in itnctaacond Fk1w de wito s bysmms V. ROR F"'�'�f°• Chy or Pen(mdadale.709 F21 1520. 1526(111h r&xW of do City's c.%dnee stover do emaAer of SAXCir.1%6), fond dm to tletmo' ' whether dr. are nsaarable an Zhu COurt's prior Order deoyinf, waher of suns avdiebia for adult bosuns- Is plalmlffs prchodgwq Wwajor% u sbkh date the ,caMMbie, do realm da uld Consider 'COaRnanitl' C..=sound 110 'sariew MUM 20116 a de MCrits mesls,the ureidetiee of wale bm in odor comparable aeatc hw ff..Od'for titivation to Us"•a.." TIM (>Owmlptda,de gob of tic My per,and ltte kind Rut Fordo RW.. 1wc., 912 F.Supp. It 1266. of gib Ote pin wort towards.'IFN171 Howvru', Ot apposing a svM=y jodasocal"neon• Fubmf MM sty tritest 'awe aucipafiom Or FNI7.The CM was-&I a Its,tow Ubmoo tould druids: Platrgiff mum se form tptctdo tars sorb dwynlhw met as awry as 22 ska[(0 ear 31—ty shst�s+r�a,OwbbIO ju7�°� i 1a why d10 11 eaisdoe bu%hE=and 12 for am buticuVOM in a rc has fitim to city of 156,000I for wwb IAta eudewonl Were M to id sties spcwkagy out by in ors,expert "..P. ,trout 're'"es' n dw *I— do not rcucc ly aMw a(bdt busies 10 M=In It@aod,,1 Food,704 P21k r tsM dw City or Puadem. In ftal.PWRdff hat failed to I" any of the GIy'e C1dde11Ce mPar" The (2)Aedysls muonameness of I to 16 situ. [121 The(:11y as= Zhu,Cna if the Coud&COWA Whdc Pieieliff bag Wed to eoamdiet fire Ciity's PlalndfP6 munbcn of 11 to 16 PMmtiAlly a aibbic evimsoe of •resa.ableaest' in tw 1 10 Disc a shm(wldch the Coo hai).de w bff Of dtentedve a..iw ines of aaterlgi fact. ire Conn ba sus is reasombb, gWw PA2111=4 populadm Of oe.adtd,,$ made its own deoermimRan u to dw 13SQ00 sod 'him itre fxl tint msBMt*01b m1e sacmtaldaas of 0, poscneally I I to 16 tuba adult use Iw rcaidtd ist do nqr and Wen dw 34% ardhble fa waM bmiawa. As do City%Imse- g of the City is tied up in residential 1W truistic nova" DIMI r. mt. lsotee, 1w aecland. 0- M. of twa.- Cie,.Ma.at 19:21 to 20:2t lasers Beek.at 1 Pm dcu sera I PWI1112011 of 135.000,dim over 51% 3. The City giro cw=& ales the nuoibv of of is Is" &%landed es rwAmlml, pabli an& potemaO) ar,Wd, airs to ensemble auniderioy Public or opal apscc saoo. lam Dal. err 1 S. th,-w prrtoo lute 61cd as spplintim for a ptr"t Is leifdtotmorc trdy Oec adalt business " Presently open an aduh hwhwsc with:"tlk City' aicae 19M5• luar l 6i ms chy. tmamctaod by be my's zoning =a,for It SOX Shttppc.an slot baa6attttt4 which a,noropm. sod Ph&=is eurn:nrly the awly adult existed prior to dw 01y's 1965 adult asc ease;etas- hZIOM ftwuding a locedan Mtldn the City.Id.at 9 . fatter I><rl.a 11-Iz 111.12. As ddcd above,1sWM less nor disputed a= fans. Th (:fty'r Caaaawdty need for adult pia ff diapotea duo t1.e have been no alter halmssa,dun.appear&0 be--A4 wstsidsstng 0d toques, w Opsa adult htuseaacs lire= 1995. igalNiQ is OC 00 Person or eotpotrom 10 11M However,to sabot lama' I®acit, Phiariff=—.>y appaod to open an AM Ilaslaess in Ow" Gr Yon. 2= -bawrera,Pe+saat s34a are acdwlp cowl t IFNIMI in 2MMOD.We Clry's wfdna wdinn[e doer sm km eattform to find area fa ad It uem. See apt affxt erjsYng adult 0363 asC MIDI MCC. H Kabtmdola dodanmar.' 17.51121. Gat Issues err¶ pWori%,s ew,,t hu=u n rot emidesed an abut KL Bul do Kallerchdr ticdaauw doer rot prorke = and It Sir Shggp, rise ody PICIMM adult any speak fads of MM= Of Other &dull hniraa is the City. io rot regtdred t0 relo= butin:um gite W w= m Yas*fiL w Cm. Th.. de, Cey'a ordinnt c is diNereal flan dtom Pb"ff bib to Poside any taidrnte to RM mC iatraed.ted iwaaute dry twin to provide a teanawbh City,mnsezrian That I to 16 situ are nd6timt for a gvww,iq for what businesses w operw. See city of 135M wiIh tme eivanoa adult laziness. Cdy Yuma..Atttet(ean Mini lbattm.toe..427 U.S.50, Mot.at 2p;7-11, 71 a 35,96 S-Ct.2440,2453 s.3S.49 LEM 310 (1976)64bddi"S athdt Ismiema rm tug otdintse m in tesmad.Planers(a,itNios dot'Itktx(s s gemriec pm is tuva tic ti-twia cats f,ard dial " '[t1110 Maud mews,_gudka the ttnmt of der:p nrc+ o do not ,%set the oI I of aimista available mtd ore Mime Of did pwtperdes.' Pl.t1gt. "agish"a but C*tbc la:sti n of sew rats.' '). at 14:9.1% Howcrer,as 3111011 above. Plefaitf mill ww=Pmpwds,he.V. Ciry of Whiake,961 F-M to pgim our how its awn.=Pert'l dcti=adm of 11 10 1192. 11r19-10(9rh Cir.119110 O-U-9 dus ,___-_ Copy.0 Wea 1995 No f9am to Oft U.S.Cwt Works SENT BY: 12-16-98 ; 14:54 ;BEST, BEST,& KRIEGER, 7603417098;#14/21 960 F.Sopp-329 Pat620 (C a sec 9M TAw.339.•30) cl ncuaaatiag adult haainnva in me ma with IAW fldRueg dub 6sineaas); Aelaader V. City of foot Wasted Feat Amedlncnt of a, MR F.7d 776 (6@ L1r.1991) 1°9°" (e mu-h'ug 6.6% 6f Wad am or 120 Am were heeoelo O liner a would Tosco, de ally estimog tuna,tot dusters Ora"thmew n Mack Mir adeh essder In [me ebyl an close a m Y-teal Inlrean); . nlll Fmtl.ian. rack v. pry Of location With ro defade prnepoct of a Flax as Chicar 614 PAW.00 M.DA1.1993)('mcopt rd=le.'); Alcamlder V. City ar Mlolleapole, 0" of 'eeawmide pparwoty treat .slaw m M F.2d 936.938(Sill Cir.1983)(fimwg a601 buelltW ntapod c Pr,%.. d adult taw dove and nmtt a7din®ee Wilh 5118 fool wPmans rs regdreaned lardecs-ow aata dll[d). vwwm am Phut Amotdmcla Watts: it 'od only In ed6ton.WNIe PlaiodMe expert,lamishaw,fttud regshtea new atoll Rc M bm ON a8:bca Ibtne m caid,=m da lime it wax cmed.... Me ale m the btaarue .9556 aea.ri% ar the ation hod for Allahnew mart tmt4 l�W fegal site far rcit ailm...Isuoh h 'dteartdcolly P�� rat location mat tan md(mocel 'amuW have the C*0 of hat.'FFNl9]tL mum haw rot csNbfiahal a bdfpt .duend&Uy asbcong the Lumber or sdlm)lmsneaes) lire me 1g5 W me p=CMW of land aer rmmb¢of .: wad 'aa ease stink Ibmimteeal wauW be able to aitet rim It Coy moat make avm'lsbb: fa adult ..) hnuetas. See Laacltat LOU W--W311211 a 12M ('too it all mquirea ed in NedOL Wtloda6. W vdla,PlMaar emnds dig.do*Coy prier n then elamahme the a specific Wapataaa of 8 la9tlCi'(6lhy am.h..Niomx m tent w a numbar of mrivn6 be aPtm 6rt ahlt bamaetsm to teat a cenain asanhv a.6h husimus whist to!soot by fie rao,awtap[Pet of time be avaflabh.7. Comidering tba all of to dwirp...i drou eta day—cell tmoad by iA�w aies rot adds baattasas are keeled In mil: gaiw a fro,Ps[dem nsdeat.' Koltamabr Ued. CO aa,a,W d6trid ad riled Ow `(.Ilya ether at 1 IS.Ex D(WMflnbg two wovitPa di ogs tesa5dana. UNMI d.e Chy's adult use axdimret from the Mll's d MEft da city,. amrpt a ICAIM a teaoadlle'Pla rouray rue awash budadaea to rtquitc IGmin far the Mdt btnhame located in Pmakaa and use;dining fr®198 &MWNM ma NCale R'1I601 Ile Chy.TA:Ciq's oldmarec t7 oca met "'a dadaim m no rest as pw eo.I to a besuly tegiwe ary eld ft OWL mtsmns an Flan davro as.n ewaa nn one Car.aniWar d w by*W st600111 M Wdnut Pmprnim.Fall betauee.I sad 16 etev aeadt on Waits paasdaa ha max mvad 0- 9tatitacaaw will he aide w oversee owau[Mms0'In a .dvnr Ma of dle do" of as . '). While cano rdally awca area. Pravkh* loodoae rot Psa&o. n.y Ma been Imo w ease dull eadt II mw adult boaixsacs is adeapwm.Sines goal Ixtainea ct;arm w da Cells allow od'omaas. fie CUMnq aah, no amlh badness is Inroad in 65apraam Gan hat acid &a Route ohdiroam �aa 1FN211 a city avmt 94% of im toad total rearir69 the Preselect of am Mama ms rib" tnairtly k neB wan are'hat,pWw ad sterna dediwkd a rtddtad)nI rod psrbrs tole. PL7iWlf has rqubahu(dnI am a WAI.w keep m gory ao da, bmdaa of adb% fmdt aftcM &M apawleg a designed w v.c a adeated Wvemea+a i talaa feMIM bile m to wb*w me ailta aprn m R and d.m.o,easmsay Indl Irl""Ous warms d pI0h0611 rcasambdc ahamtivt 1Wmca of wa.vmkaL 0ra.'Rana.,475 VA A 47,106 S.Ct. tnmrmnit�lkn.1wv221 plehldtfllas 6tlrsl m do arse a 921. �.I.a Young r.Am:dren Mind TINR . 1st..427 V.S.30. 70-71.96 an. 2aa6.24M 49 FNI9.See Saone l amitaw Dell.e y 17. m I65 Ll"310(19m- Third decladiod 1]mmrtaw deteftMlo,dgoa dlW arG Tfarr6r4 fie Lpoalon bdrr ilea Coat n"W hw d is d U=WtA mar I l m l6'llmnaLally Pmabe the GO''s as st eatdug taaalalom *dram Grow •age{er deb am in 6a Coy ad Pndaat.' Ildrd onaandy doghte 114alonm . ble" )amob&W lled. a 14. Pt rd=mm% Urea k-eii Opportunity w qo,. and opaa'aa an a3d1 dusuar da ndelf a d the ahal aims Postnatally avaihsft wid.ut ate tdty.' RedOn.475 U.S.td 54.166 S.CL is rests P'noem. meardww% the I.am rM a 932. Topsails Ptcas,989 F.7d a ISM(aaYiM aFnmlae r.gWr mil. SQ Wahru Prawdm.bat.. .bast lanvtsr fore Remo a'le6 far dtermbdra ul v W A 1108 Cla ttnabar of aeaa vvwmu a. Welber the Aden 9aderaM' Jim Arocaincrd &dual badmen urger an aammao;, deac6.a. art mrrAaCd.'} Rarecvav,ilk Coon anal dust amidcr 6e:Cloy*awhap during M 19h'0'a. -I.W got a oaW an ilk earn a �to Illc fdcnm tmtc c Whether fie taaf6 oMhmWu aril.idc order da eawoett arlaatm arum by da City rat te6al- adult l.e6ato aaa.g o.rnped 6lauehout tb city.'). Imaoa .arum ad famc .drk 6.:artn with wfrMwt nppauftnit rs ano alt ad ao - In the FM,no 'AM foot apa-e-.unman Sam City. Sae Lamm" laugx. 9" 022d a 1201 .der adub bmieeass. to 568 rod Nowaxa (ddaaedmil ecamtaaua ar an b..d an .aquiemtmh pans 'senlla.e uwa.' ad fie Colo.0 West 1998 No Claim to 069-U.S.Gout.Woda SENT BY: 12-16-88 14 54 i(SCJI, acat.a nntwu. -- - rm Ei • 98d P-qu".3" (ate as:960 P.%PP•rig,a7d3) du an addt mataimr�¢ drn.a.imdagtate m ufufy the demand for odah c on. emraRc a exit otl faa a tas6tdid huunl,+lood 1 FN21.,nm.go City 4 art&wd wb tee daaov. eeeya� >be Cannl in Ttaaw Pass.auto,f lo dW a ld2 113111' ales pot, It of dtt: RJaO M forth. M k +we ®d to 1a:W N =I 120 ides. ORDERS drat Dobvinnfa ttanim f or indudind Sill,Instal in dm tlnmtfSmm g,w and aatm><f 1a8awl is GRANTED. lading the pope[ Ka4mnwte. Tawa Pass. 9S9 4.2d at IS3M& SO ORDERED. I.•N22. Sae Wuoddl, d9 F3d st 1126 rAdall Rmitaam Red to diov dm dte Heat left deal to END OE DOCUMENT COPe.0 West 19%No aaim to Orig.U.S.Gust.Wdda SEW( By: 12-16-98 i 14:54 BEST, BESf,& KRIEGER 7603417098i#16/21 • on P.Supp.1017 par 1 97 Dhib yoroal D.A.R.13,304 (Cite aac m F2'ilyP•1017) P phohp VOUNC,pbn,deF, •Minim of Iran Amendment. U3.CA. V. CmM.Ameud. 1. CITY OF MW VALLEY,It INunklpal ' • ��Ddmdmd, l21 CONING AND P1MmvIPIG 43a50 414kM No.CVINI- W7R(AAM- Eruct of city wdlmms puoduing ad-1,d-%,h or coact 'smsata bistro" at my tip dmitg UjdW Sala Didutet Court, PnxjId"g of Perty'1 Pew appliodm oat nude C.D.Cifibmia. d fiRft b°blmo Zoning Clumme 0f bcIlwly backing out MOW for locmitm m PcOmilanb►o area Ann.37,1907. ar mud: darrcirtg. combbad with landty or atlignu a tt A=.b such as m dPlm"Rwh& bsE.idml, rrhoes rmplimdaa far Prick m opeo rdtaonable alunmUve mnUt of wltumdAf>Fim in tmdc d nriug facility were denied begat as Wm of vidltim of Fuel AmeodUSL U.S.C.A. • his .pectin locations to empy with city ordiamr. Conal.Atmd. I. Ned nrraim for declum my Red mPjdat—usher. The District Come Rea,J.,hdd den:(1)as sari+of fled [3J CONgnTLMONAL LAW 4=0 0AM ImpmoinO.ctIca of c y ordinance Ptnniwng school. 92k90.4(3) chmtdn or ether'utaitivc bwW'a wry show diving city ' — maicom nee)n wbdeL m*casing ptwocaaiag of patty's Pencil oppUcaion for 1nwC may •-t•, have+ op�`'wess-®nly low number of dancing imifiy,m ubuin Missing dtmame of bit vely atenadve locations in violation of First Anxadmeot, immkmg wo applied Roc location a Isemiunhic amea wbm. given mviremon that m aduh.laoam may for trade damutg, m*imd with paucity of eabd wmmn I000 [eel of mother adult)Paden,heel dbmntiro locations,is act as m tdfativdy p,ecludc monism of uradom whim could sbnuhanmdy echl roamablo tdlvdedve memo Of wmno deacon io ubm. U3.CA.OoodAmend I. violatim of FRst Amendacal, and (2) eadinooe Iuvra open ueaca,uwbly low mmbt+ M alternative 131 Y.CIIING AND TI.ANNING 6w76 beR)Onl in violation of Fun Arco maL 4141(7e City orolomen rmtdamg area it wbleo mode dancing Mdtlm gfmtod may oia,ruses open mressombly low mtmber Of ahctoatin Iouaudons in Violation of Fiml AmmdMM, (1]CONSIT1 moNAL I.AN•4)P42.2D) whme.Civet ttgoiecmcm diet m adult beacons any . 90142.2(l) mem wtmw 1000 foci of amdm aids taadue, meal Ldividua).whoa;$W ad=for PtMil to open owe dlo1DM Of bcldbna which couw aim bacrasly cant dazing facility were denied bawd on fa0um of his is for. US.C.A.ComtAmend. I. m ve,live bmfiam to omrady wish city ordination, slol7 Rep,Ins Diammd,Sala Monica. CA. for ,wirktiog area in wb b ode caustic{nay tidal had Plaildirt. aaading m lb'D.,ge—Ak'^'.an Fnrl Amendmem pinuds, whom dememem effect as legwlmtu tort IL n6xhe. Naacha A. Kan. mccambddge, cmmwim vas both rot and substantial. U.S.C.A. Dehder & Mumao, ins Angeles. CA. Ron coed kmmd,L Defcadsot. 171CYRonlUf1®vALIAW ORDERRB: PLADMFFPHILIPVIAMS yam M3) blorr70N POR H1DOmLWT GRAN7mC3 ODca of city ordiummice permits+'{.3eeh,clash a, DOCIARATORV now 'mmhtve houca' a my time dmig AND DUUNCTiVR RU1IES. prsealny of PRAY'& pettish application for mole tlaotdng(away m obtain ao»¢tg a mence eftcdvely RUTA,1Lsmst)odgc• kdft oat applied for I mt a pemdmlbb Do fOf made dmeiog, cmobmd wNh paueay of PWwlffs ontim for jokgritem granting dccbrj=y aNmmdvc badcos.Is Rich as W dTccdvdy Fcsludc aw OYArU e i did'was Uled can*loin hum 9,1997, mmorgole ahermadve lie of cmllmDicuion in and owl aegmrvu was heard on July 21. 1997. Ally Cog.0WcII I998 No CWmb Orlg.U.3.Otw6 Wens SENT BY: 12-16-98 i 14:55 :BEST, BEST,& KRIMER-+ 7603417098i#17/21 • 1m P.Srpp.1017 Fags 2 (Lib■a:977 FJepp. 1017,s1014 bavfng ooarldcred the oral argument, and wvwwed IAW untie a Iho clo.e d•evideare. is procedurally elm ptpoo mdnlaled in llgport of and lo ttppotld0d so mpPravtzvc• AldouaL me Cola, a ale clue or de faaaaeina madam, de 6lo in Ihb Care. and de evldmoa,indiCped dlat it wished to alluw the jary to applicable aahwntics, da, comet I-eby GRANTS ammpt to rog w the ksvea raufl, de Coat now pWghTg motion for*F=d Fall" dcCh*+WY sd&uM tie legal 171114e WWII by tie latram motto and ivjuWWC rellef. for jadarneat as a Crater of law. OISCUafON S.phbmAf Hu Stsd'ug to hriae dw bola d Motion. A.Pmucdmal 1)asia for Ott Imumm Motion- r amt laitalf iws ro m 111 pehttdmt ague p 'm°mng 7bc bit im case was hied by a jury on May 13, 14. bring the imemi motion,is plaWllf made clear at U W t5 ad m. 097. At the time of the prtstmadOm Of San,ginn the aarrme wpicm,be hM to mmmtm of All CAdemre on May 2D. 1997.Phlmlff am a mrtmm fcamnR m GPM a milt dmdq fadity m clot city . olde,Rule 50 for judgmmt n a mmrr of law. ate or shw vumy. Even glem these (a tam&f elam's Court dmioi the ntntioa on May 21, 1997.italicslinh agpnuv If cal well Cahn, It fact.the tamm Cafe that it wiohed for the quaation 10 do to the jury at that prnmk precisely the type or"all 0g tow stitch lase. comb have made dot it mtficiem Lol FVPMel of b®Rmr a Fat AmendmNt hermit. re jury wan irnnaered on May 21. 1991. and delibcme d duwah part of May 23, 1907. At the Where a complamad is *tWw praembt of cooehmsdet of is dot-ta us.de jury ioditawl O-L p ospeck cly mdvjeaa to me nodatiam.PnlatfiDdmn. it had wwwcred two of dreg special iomnoaamr", a ...rd. gnat he [al claumnsmg• rwla the dal that It o lot, arctble n amwei m aver Virg Amedo®,6CA amdirg is appropes..' LAW iererra a/aotin. Accontu ly.it Indicated cam it was v. •rnelm.409 U.S. 1. 11,92 S.Ct. 2318,2324,33 amble m reach a vcr6EL 1leroe, ro Vamet was LFd3d 154 (1977d (amtgdeda added). Sm 3190 reodcred and tee Comae dmhxd a wsuW. Parry Sever Putdcatlom V. VUIW of Rand Crest. gDs rza Isis, is-4 (7th Cir.lwa). lodeed, side is On loos 9. 1997. I+liodd' Ph61p Ymog riled elm clearly a cam, in which de desnrent cffm an bout motion,mewing hb request ibf judaraTM 1a a lags mRA: cgwcoim is "bwh rval not subAwAkl.• matter of aw. Undcr RWc 50(b)of ou Yeaeml Ruda Sue Young V.American Mid 7bcalraa,427 US.50, or viva Ymeedam, atadt poataeiel rmexal of a 60, 96 S.G. 2440. 707. 49 I.Rr.7d 310 (197f)a, .modom for jtdprcmas a matter of law is appropriaac, cam% ravraatik v. City of lacboavllle, 422 U.S. wltadhm or not a verdict bas boea nldxd. 203, 216, 95 &Q. 22s, 2216, 45 1-51.2d 125 spWifially.the ndestairs: (Im. fim, Mr. Yung lousm twice to a1019 R,for any rat®,the court toes not SM a motion VDIY rar a permU to opm a o11tic daaiog kAlY is for judgmcmt at a matter of law made at the Clare of Sig Valley. On both me esiom. Mr. Ywmg was all the mdmm, the court is considered lo have umocrosf a.bncd upon WE While Of 11k mpaaive dnnitmd the actita to the jury mlycol to the cmrt'a loatiom to comply vim tie m lejed orAmoces. titer deciiing the lead 9ucetions misad by tom ILrlr+more, Mr. Young sped&dty teai0ed lbot, motim. The aarvsm may renew to request for given hs pmviwtb futile dform and the time aid jowl n a name,of law by " a rmtim ro tummy utvcnod in theme odllr elfors,he woad out )pot dun 10 days of c, aary of judo"..+.... In aoa+ider matwying roc a permit so long a the current rdlag on a(mewed mad®.the court am: Wss,,, ..Wm in of hat in Simi Vdlry.This pale der (p u a vadia was iplRrted: a cbmdc use of am imhvidual -bo is Ad imm (A)allow mehidameat to mod. munching hie Rot Ameadmom d*b is a".eat and . (R)older a raw trial.OF muhstaodat• way. Hari, Mr_ Yuum ctady has (C)di. ratty 61'judgment 1112 timer of law.m muting in chwknp dais tanave ordinance. M if m vertrt a wa,rmAad: (A)order a urn trial.ar C. 76e Reactor Ordhrnm is UAeomtltmloml as ■ (b)dima may of jadgreaa u a mares of law. Mamcr of law. ftd.R.Gv.p.50(b). L.Stetdsrd far Rvduating'Gnvat Namrel•2onhg Ea=,the imam motion,which esamidy sma to Regtdatiom Rukicti g NoikMeceas Adult nmv phdmlth motion for j0dgirstm as a rmticr of rmermimomt. Cnpr.0 Wet 199a No(3alm m Ong.U.S.clout.Womb So f BY: 12-16-08 ; 14:55 ;Bffl, =H.& RKIEUM Pate 3 • M7F.Sopp. 1017 (ate am 977 F.Svn1P 1017.•1019) •(ba,W hate a klewd top.km aareft m be with plaintiff. As m ft per eapryioq subject b p ricusae wain dtc frce The Court �m 1 'Miimua' .Pwch and press gmanmee or do first dad(cterteeyeb issue, amtar�t mcte L m mmslmdaa+ anttndmmb.' W.Inc.v.lamp COtoxy.793 P.2d Of oito as a matter of accend law. It b IM3, lam(9N Ck.198b). See also.C.t••actual v. appropriate, one a c by atsc hWia, a dmumioe Rorodgh of Mt. fipbreim,452 U.B.61,dS,101 S.Ct. ohabee an unmaaambly low aswrmer of aims exists in 2176,2180,68 L.Ed.2d 671(1981). a qcM area fi dirt me unso dada den m l 3nbjal prdiNtaL Meyne openm umeaweahly, sod . f7U'mmmncss no as 01e one:u IsM brat,which lilac, uwansbal(anslly low n u bun or alternative do not ban toptul Eatleft alAPW. he (ad,v 10eaitaa. Allhoagh tku m iudf would be a ahfGrirnt d th rabid ales in wbia open dvCine nay tafst, basin ape whn m CWuin ft orduunCt;,me fowl have ono amlyced as 'lints, Platte aM manoei will also address WC b u. iswse.at k ut wbhw ft mgnatims. Sn Rwmm V. phydme Themes. Itte., radon framework invoi t me Paul o[alltaladve 475 U.S.41.46. I06 SA 92S.928.29 LE4.2d 29 location here avwialA. Aa to the[mums lout,Ux (1986). 76is is pare Y ao whew. as here. one Cant aaRa am mix is asexually an inert of tint is joni odics s ricd one the halls of a0eged i a m Mods t;vwh or Supreme (aura ,•of mpten dmwk g cmNilmovoa. aumoriv ap dos ninny m medrcct const w6oaalfry of. Ones,as ma•road crime and wasda '• ae�,d75 s1020 adeerc by wWch a KhOO. Cbweb, w tabu U.S.at 49.106 S.Ce a 929; Rev,793 F.2d at1059. 'aewili•e lamer• eao de taco 'lonxk we • location wbscqurnt a a Perna appticahon by —Hader place and manner' reCub ions plan obtaining its own Ionian ckonnce. Nedcthaka,ft c*mdocinml reamer it(1)they are designed W says Court dodo dot me efface of man pracda, a but treated dad(2)they allow wbtte me pmcdce b Combiml with a Paemtq Of . a reboot ea onab074" . as •Jewoabid allmadve avenws of letaaam an L me tax hem. altrmalive mraas afar Caamw"iia s• Reuters,475 U.S. at 50. 106 S.Ct. Prelude 'reaamm e as 930; Rey,793 F.26 at 1059. nor,.......am.. 2, gcyoebb Altaouln Awaara of a.MaTdy of gXmmaoa Uses ro*Knock ran•a Location a Any Sage of the cammmicmkm Permit Prmc+a. is Ibc instant oodotd pWadff dou 1101 c11WW ds Ddfodaa duo rot dspato nuts a d r do COMMA govummnhd )aortal' et�rtyirg me (2) sud0t W 9 ut. a ludo dateiog ardisame- Rather. plaintiffs Chat a CR=Ialty sylat". a Para` speaks to me iuue or•reasaeaNe aknmtive avmncs km am apply for a spYWal we pamlt and that oI wtotuan'teation• See infra, tiling Radon. d75 obmuamg a spatial d1t pE[100 aeceeaatlly[npliR3 a U.S.at 50. 106 S.CL at 970. SpeCifwft platetf Finding that the presedw datdtta re4tdtmafl0 R0a1 MWM dot two prinwry demon reader to sysb<n *Cdde•sensitive ucee:and Isom.ud"adult bdwet mvnm rw f&m a preside nmavmle shctenntive are cmvv&d vilh. Uefmdant further done not run. pl.i®ff emend dot a diayak Pad a •semtive use". such n a uEgiow p1eJ"a Of 'M` ;ration,Cam ftansmaill y apply for ad o6taht an•oewttive new•eutaviahy ha,�Pawso•at soy tie orpn chant me lasoft Pmtmt proun, m Obtain m Over eves the notion pa®t u lad:as me Imt dW of ale Coo OOuM, wadtg dr WafiW wtthhu a &am" petnwt proms.and that sash a stareeadd wriest pmlebiliv*doe to do PsaWxa am twifty.ow wand d bmv*•Imoea.ode•dse penis[adult us dregtrdy •kn wols am•am appfed rw ks adon as awipsgwn it me Lott app0cadm woold be louden a pmOiwa lc area for an neat facility. 7111a,argues wtmlo a pmbbislvcly doe COW m the sa mldye psaintiff,Peo"da •sx unfn Mn,* sorb n eaauehes Wage. aaa ygsatn mad bows", with a de into O mot proposed onde &W citnia. Somrd, Ahh,%t de"Um den oo' dnpme rbeac lam, t k pWOM anal slant ft aimur of lncanbns which d0knawa dtas argue that three u no cast m paten wand be per®aaibk euakr flit taduauum b wm[dy which psoldblu such a pandas. Aklmugla Afadwd COO small to around m a •rty%WWhIe mtamer of appears to be Correct 1n amog ma the intsm WMIM*0 sha,cvmt rimming mat amp of me Oita gaeeia W one of Best impressmq die Court duo Col were in be 'ldsxfaal ad' N The fat mlmlte by a is necessarily ConsalausIML i7b f��� cb waduye nsc. Cepr.0 Weal 199a No CIUm m Ut1t.U.S.Ctovt.Wwlta SM By: 12-16-38 i 14:55 ;BEST, BEST,& KRIEGFR� 7603417098;#19/21 ` 977 F.Supp. tx7 d • (ctteso;yes VA*P.1017.e1110% does uisl 4 in tK ya+a.l question of 'rrmMbte dW mw RgmSCIDWIe with regard m aw new . ahcrasdva aw®a It, r......i 'M' leads at ft fhaltdles.wdualh Or adult•9e1V111"tuna'rind men emeamda dot a rp— -bL—" thud puties ass ".. as that my. clarmlies. w1acts Mal other lsthodvoly codify dlc few areas am aside as acmidve use Would hcmiW fax M spun• kids wmdd '/aaomMe alternative avma n' m lax wb=there be an 01=1 office th4 floe the time of m aduh is sncti a paxuly of tdtanxtivc ailed au exists In the map appra'atdn, they would he sa fg ate risk of imam eile, insl a it Wn2lwAably difficult, if not upctdng wi0du close map of an adult dlamr. TM lmpossibh:, for in adult ttaage W*3Ot m=Wlce ds,,a would obvimady Isca he few the amttive use fte periml MUXSf,and dale Is tmmmttadoml. thernscif m mahciithct go tdscwbcre(wbich is Bldg who do aemidvc use would do axe den permit was Tile cam d mr rrssodog fits in Isle meaning which rh ally amovM. or risk fouflq Th mid Was an hill been al AUW m the rum. *reasonable MWL Its. Watc Ytld obvlomry Would be leis albmtin ayNoa of communication." In Topmga preferable to ate drallm of to awim'r•T mall Ire plus. GIs:. •.City of Lax Anydes.95 F.2d ISX tome Mantlave mesas Cmfentfy Mft d•Ilia would 1529 (91h Cir.1993), the Ntdh Cxwd focused the also be for loan Gk*10 ran afoul of the Coorrimlion. bulairy as fotaw■: -foe tot for ageminiog wbetber ea it would provide potential adult&atsr owms with. the Adult Bmhlcsus' Fint Amrn•mrm dot coo a reasonable Wpormaily to fad BW=tm aveteut of dsarerad is wlsllati a local ya.aannwn has mmmhA,,t6n.WWI] -effectively deuM ... [rite Adult Bu®aati a mafonable Mommily to opsr Wad opemm' rode 1141.no Calm again News tlwt C is by t mesa entalwim wM ie Ise clay in guodnn.' Id.,cLIWZ City d,ildfi . emiWey Ism dk.::.apple hoc old err Eenmn,475 U.S.at 54.106 S.CL a 932. it udslid by Emu to i fader.la Cam maim the idsd soot only N ilYwaaa dill wrihpoae Of In this cam. we have a paucity of localism. as caadwitmid a, i"t to Mali Valtorg uhwn- cUbanued upon below, combined wide a syswm Its Alsm de csirtc= of a nlativb lNlVdtr of whereby a'sanative use tam Idfccdrefy will anY One trust;.,ay.-.oes of mom ileadon.mmhiaed with of dmc macaw vmaerer an applitathm for adult a pmcesa whkh effectively cndlm masilivc uiaga M Jaw is made, acts if die permk pmcesa ho tWM pnvm an atoll saw from auceesf ft woq,4xicil nearly afmplmrd. For pmpum of do snug ingtrun, ite perms proem Tor One of the available Its tuns. ve dead decide ollly Ilim such a xyamtn of do facto uracmansibly tdume ptmoill means of veto puwcr ens the pan ordinlldes.adMIS,cm.ovaf mamankstiaa for rota wins lo uiblhb *&A pnmacts rust ataaldmdt acdvky is UMQU MMMI s:hts. if a the wilinalrc a it enrlsmpr whoa and whele the fact al demntaronoes an: suW mill as it is eurnmtly applied. sum afoul of roc Fins alternative]Dean=are as limited is airy are in tlds Amendment.WN21 cm. 711c two facroa combine to matte it Wremdy likely thx an adult Hoye aDplicam such as Mr. RQ.pdradwt argW lbw a would ba WWnW a vy Yaw will have an cxiavrdiaarib difficult t®c fins cow a mod rppscalkn for amb% Wmid Radial; a utisfwmry alternative locusts and aqua a veaao pmpcny I mom h,lhl: mpptau. ca�kdwrly as,email aMkaioo prllous with-gold Its L.W. h.Wiw a ad h kd arts the o that locatiwh.' PMOm* .end pmpaly fits" or an Itdidddd applicant. Rttlw,to coures boldhw It delay d- F ffbd m,the fdlam of Simi Valley m smaoW1y spa a..,a dun d W i V.W.sbse s act a War its spats:. tie Aaron. 475 US. d 52. 106 sea nsbe it uauwos* dil6tt, and load S,Ce al Ric (andydey degas m whim swum m unnaatinois+➢y dilTMIt.M on inlividi it m apt a uric dmlieg r,W. M W col M s:7 dud an ins was seswly ou'Iscd),is evidat is de pet that constitutional srgaa claw primly exist wam"an otia d arm Tres could wad loam been att=d which bldYldlal mod Ins: deb datum and Ilppllfd fen waum am avomod deco constitutional innendry loutish dutisa llc pcmil proccsr. Harou, tie existent have. A*Mgh it is ad asw ode m pfcaedbe CAW"hnlm May nun the cam of"lade ails N ptaaacly how Sited Valley should to abut atahlg ern as to alhaahx w N uhaaalaccay dimth,V ma Otor oadimxs m as to con"with go;Constitution. IMP-50i,applkid-I"LOCIs. • we note >mdy for dlustraivc p iglOM was Simi Valley cum, for exaVk, have am utsod an h.8aistras of No Mote Ihan 771reegMaur emloaax w1ddL fold die doe of atop us= Fau=al Locafiom Wbich Could appikol" would c2mvdy Wtive thc cdkfhiy Operate Mm unsi txlely- Cgw.V Will 199E No CW2110 Oda.U.S.OWL Wmka SEND BY: 12-16-98 : 14:56 :BEST, BM& KRIEGER- 7603417098i#20/21 97f F.3app.1017 Paw 5 ((9le err:9771?.5app.f017r a107J) • III Ybe Court atvo nine,an auu0ed m move.than me laid Out the ordo in quwlim Wu amxt ordinance is uac(mamtmd .on the maamadnabaal. M dtm don a Ummmmhi:nuaer a ivdeprnami taxi,flat,even without the etfxtivc veld mtesetive sitm did not utm. There. Me WON held ab0ay of amsitivc mgm,She om5»sc.imply don Mm,even mmpihhg the chy of WhWkr's ptoffbtad tad provide for a suffeiem mshur of rm®ble 1 1 ,or oute av iw&attr+mosive max Whicb amdd alto mtive loatiom. It WAS largely undlapamd al trial rvnohmamy exist, id., "the placily of alternative that the vauxa mm sum, ure6a vddcbowid Calm at sites IS daring." Id. m it09- The Noah Circuit one sure, gm m Ian ludo foot bvffer milm rcamcm, is ohhostey natal lam, 'pIn had, as the City Urges, Ibrm. per dw did prim aid, htr -m. that Mat Mere are udogaale skotOm AV-1 a for ddu%jjal'i expe11- althoto coola61a{ at trial flat - C W=sim a[dtio soft Wo dd make a inucloy of Firit there were esscunio only mra mmu m areas WIdh Ammkmt pntttcliom ad wild r"du the city in vdd:h larastiom mull dmthumW Gift ttrmhlgeu d c SttX=Courex admonition that an whbout inrrhrming the tOm fmt buffer site. also and Wmx McV rm'eff=mcy dermYI...i rMSODMI: opined dal ewe might codeuv261y be able to Wetch oppdmmiy to open and operate an amid I11= 16e&me=between two localisms so as to mmlunt m within fhe Lily.• • Id., tddg Igedmq 415 US. at a natal of(our locations. We will "am.then, for 53,91,106 S.Ct at 931-32.[FN31 li mpmm or dr im m swam. del the kla1 nunal ' ' of aim Which®c,dst simbnemly is fmr. We FN3. In am esdie.a.auwy jumrnma train Pdor further man, of messo, dot the Soul um uba of n trim, defmdad sweld to diainpAh Walnut Potential locums. W1Mom mWeYmew for the PnWdies on one basic Ono Wmmt Ruputin requhmcot mat m adds location axis vdt1 1000 mdenmd an ordinance With ward appy it fact el mnaer adah loadoa.Isof crime easier- dining' m ai t Or ). (dim is m dining'Adgneu mdkn W m N. 9fhic d tau aid Waken ]hopelin dandy %m" is ma indeed, wile, accsptiog defntlatt's evidence as wit m'm resumed" emu in ubh holy &A" U,N Sbo fatal masher of pawbte locums, not tie waoaee uecrominaionl, We'= haletin, mmuci ttg fir the tetpabdd bttffm sons bawtsn adu t 861 F]d at 1110. de cam did out may um IN usages. IS 33-120, sec Opposition, m 6, the Ulm[ otmtmno a retramdiriy to dav+:ra tot NOW fawns relevant ra mbm nor tnquhy is four-0 thin Is the W arldt in an tabas. %miftedy,do Cars did no mly Von the ordinance's rebuftlive [umber of awl Usages whiff mod cantavabty Cairn b wmwWW it, •wenarobb at the aaatc tine. Sec 3570 Emu Fuetill 19A., Inc. d'"rmliti"e .amine Of dlautire rites.' lirceq ore mut'a V. Cie of Pmadcm, 912 N.mapp. 1257, 1264 saWmms with rgmd m der enµbm or (C.D.C11.19n. The Ninth Cowin In Walnut drrnit. sit me total twine of Sera den mum Frugmertim. Inc. V. Cf6' Of Whilder. MI P.Pd IIIR si dross xsly.cost Under the ard'urm:We¢is no 19M Cir.19mg, analymg a Sinai hrdltmCt made oar' dependent upw fife fed dad are adinuw clear that the p moty inquiry m dmedOOlsg whedw Wwil have a mhmmlvc arras. a•tawwraim,another of auummive den existed was act: toil Ulm ber of mos vvhiob could crdst The drmlmtn=in the Imtam case arc termtlotbly simthamousy. 7bers.tan Cloud m hmi sirmlaf. m W dim these nM IS:four fits which [uWtr the.moo of 4 esdmoce is question. an can adst Amdm ml)'in ml:[tlS s tie Id OWOS 0 axlimtion of idyl availame aursge is nest to to these is im0e1b3iol. giVfn me Nhlb CI[wll'S mmnb%I=L. •Ibis it ern a Case in WliCh x garasn fmdng dal thra xiim tin the City of Winkler antaw of arxupe WNW PpCpaarily dim a�m mounted In a gladeg wmtimumd violadm il mmber M sitem rm m1oll husieeslet. IGIR01 , this Nerve.wild h Ic hu016m uma R 7m•t is* Out ordam m Impmel a 1.000-fam Wooden alma mini®lnP no maacr Of general laid, it 1e alt0 We requites bewem may two adult businesses. Mal in coathmdgg the came by axe anmyds which the dasclry Pmvcmtimg Smith bmsinem lmm clustering &q3mm Cie po=nb v. the clear tmdi in den within a gvm area. The mmdw OF aim a.il hk imam ease,m light of Ninon(!k4h precdsm,it that to adult but heetsble tat fix ordium, dmmfum. me existmm of fpm pmutdah aha which could dcpcude nun a ttmrb m She 113181 ammtdi of aetaag0 dmbnedully opmtc in Ibe City of Shot Vmky. available under the mdog ahem/.ban on sow Met sinTy does man mmd to a rmsnnade hammer at mmagc is dfaperat d Mmmgtmut Oe airy. aim mum uum OF taart.,m:raritd 033 ihit Irma Id.at IIOa. aim. dwu,to exitdng ardiomom violates me Iran A icrAmmL Is Wahaa ftiopatox. at Nita Circuit Ultimately COpr.0 West IM No Chem to Orig.U.S.Gorr.Worb SENT BY: 12-16-98 : 14:56 BEST, BEST,& KRIEGER� 7603417098;#21/21 977 F.Supp.ldl'. ptme 6 ((rft us:977 FBopp.1017,6102Zi Por me to cpW Fcoom me Cam hereby drat raid mire adz=•iolats the Pint Ataad"-U IMAMS pWrejffa muduu fur dwbnWry and b utu Udlted Sam Coalhudmt,bodi on to fkc and h o.,ra.e r 4.4 qra really, it it hereby ordered to anitd by the Ca of Sind vol4y.m dimimed thu demodou City of Simi Vdhy is p®madly M-trL eayoincd from admft lu curnm mNdg echeW aim tapme to me dbume erd bullet moe 1T LS$O Okb© D. ngd=n=auaudy in e(lea ke amt0 dt=n,m dluu led bMhL PmW=)re,b h bereby Marra END 06 DOCUMFkif Copt.0 Wal M No Cbdm m OAS.U.S.OWL Wade MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 15, 1998 D. Case No. ZOA 98-7 - CITY OF PALM DESERT, Applicant (Continued from December 1 , 1998) Request for approval of an amendment to Chapter 5.88 and Section 25.34.020 (M) and to add Chapter 25.110 of the Palm Desert Municipal Code regarding the location of Adult Entertainment Establishments. Commissioner Jonathan noted that he was a nearby property owner, about 500 feet away, and although technically he didn't believe there was a potential for financial gain, just to avoid the potential appearance of a conflict of interest he would be abstaining from discussion and voting in this matter. Staff distributed locational maps labeled A, B, C and D (copies attached hereto). Staff, commission and the City Attorney discussed the different maps and various possible combinations, as well as the locational criteria for each. Commissioner Finerty asked for and received clarification regarding the different service industrial zoned areas in the city, how the existing locational criteria affected each, and the possibility of distinguishing one service industrial area from another. After further discussion Mr. Drell recommended approval of Map C. Chairperson Campbell concurred. Mr. Drell noted that Map C would provide a 300-foot buffer around the church. Mr. Hargreaves felt that Map C would probably be acceptable with the existing 500-foot buffer remaining around the church. Mr. Drell asked if the City Attorney felt the remaining area was adequate with a 500-foot buffer around the church. Mr. Hargreaves concurred. Commissioner Finerty asked about the availability of the Cardiff building as a potential site with the 500-foot buffer and Map C. Mr. Smith explained that it was outside of the 500-foot buffer and would be eligible. Chairperson Campbell stated that she would be in favor of Map C with the inclusion of the 500-foot buffer around the church. Commissioner Finerty expressed concern about going from providing a few available areas to too many. Mr. Hargreaves advised having as many potential sites available as possible, but if there were real concerns about a particular area they could address them, but he advised the City to provide a reasonable number of areas. Commissioner Finerty asked if it was possible for Mr. Hargreaves to give the Commission ordinances from other cities to review. Mr. Hargreaves explained that what they couldn't see from a particular ordinance was how it actually affected property on the ground, which was what was important. He informed Commission that he had brought with him copies of a recent case out of Long Beach which discussed this issue and in that case the ordinance was successful and what it did was show the legal standards and talked about 26 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 15, 1998 a number of other cities whose ordinances were upheld and cities that lost so that Commission could get some perspective on how courts handle the issue. He indicated he marked the areas in the margin which were particularly valuable in giving the legal analysis. Commissioner Finerty noted that she read about a woman who was very involved throughout the state of California in trying to establish an ordinance that would hold up in court. Mr. Hargreaves said he knew Ms. Holgate and they had worked together in the past and thought she would be available to talk to the Commission about this. Commissioner Finerty wondered what Ms. Holgate's opinion would be of Map C based on her experience throughout the state. Commissioner Finerty requested that Commission continue this matter and meet with Ms. Holgate and to also allow the opportunity for Commission to review what the City Attorney brought them so that she could better understand what they hoped to accomplish and could then make a more informed recommendation. After further discussion, Mr. Hargreaves recommended appointing a two-member subcommittee to meet with Ms. Holgate to have questions answered unless more than two commissioners wished to participate. Commissioner Beaty said that if Chairperson Campbell and Commissioner Finerty wanted to meet with Ms. Holgate that was fine with him. His feeling was that they wanted to comply with the law, but wanted to restrict it as much as possible. Mr. Hargreaves said he would set up a meeting with Ms. Holgate, Chairperson Campbell and Commissioner Finerty and in the meantime they could review the material he brought. Commissioner Finerty recommended that Ms. Holgate review ahead of time the various maps Commission had before them. Mr. Hargreaves concurred. Commissioner Finerty noted that Ms. Holgate has been very involved in this issue throughout California and has studied this and Ms. Holgate had said Palm Desert's ordinance was great. Mr. Smith noted that Ms. Holgate attended the last hearings when this issue was addressed several years ago. Chairperson Campbell asked for a motion. Action: It was moved by Commissioner Finerty, seconded by Commissioner Beaty, continuing ZOA 98-7 to January 5, 1999 by minute motion. Motion carried 3-0-1 (Commissioner Jonathan abstained). 27 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: December 15, 1998 continued from December 1 , 1998 CASE NO: ZOA 98-7 REQUEST: Approval of an amendment to Chapter 5.88 and Section 25.34.020 (M) and to add Chapter 25.110 of the Palm Desert Municipal Code regarding the location of Adult Entertainment Establishments. APPLICANT: City of Palm Desert I. BACKGROUND: This matter was before Commission at its December 1 , 1998 meeting. At that time Commission directed staff to look at other ways to buffer adjacent land uses, remove these uses from arterial streets and yet increase the available sites. II. ANALYSIS: We have revised the site map by redoing the buffer from other zone categories to 200 feet, provided a 200-foot buffer from arterial streets and allow partial lots beyond the buffer to be used for adult entertainment establishments. Map 'A' continues a 300-foot buffer around churches and excludes lots on the south side of Sheryl Drive, east of Cook Street. The reduction to 200 feet of buffer from other zone categories has opened up several lots in the Country Club Drive industrial area (see Map 'B'). We note that the buffer from the church shown on that map is 500 feet. That would open up more property. Using 300 feet of buffer around the church results in 13 full lots and 7 partial lots. In the Cook-Hovley area the new standards result in 85 full lots and 22 partial lots for a total of 107 lots being potential sites. We have been unable to do an actual count of the number of tenant spaces in the 107 lots at Cook-Hovley and the 20 lots at Country Club Drive; however, many of the lots are several acres in size and contain multi-tenant buildings. Based on a general knowledge of the area staff can advise Commission that there are in excess of 300 tenant spaces for potential adult entertainment uses. The City Attorney reviewed the revised maps and advised that he would prefer that the church buffer be established at 300 feet and that all lots outside of that buffer be available. That would add eight lots on the south side of Sheryl Avenue. If we maintain the 500 feet, it would eliminate the lots on the south side of Sego Lane. STAFF REPORT CASE NO. ZOA 98-7 DECEMBER 15, 1998 We are including in the packet copies of the previous site maps. They are labeled "C" and "D." We have amended exhibit "A" to the draft resolution to be consistent with the following criteria: 1 . 200-foot buffer from other zone categories except "public" 2. 200-foot buffer from arterial streets 3. 300-foot buffer from existing churches 4. 500-foot buffer from schools, etc., serving minor children 5. 200-foot buffer from a public park 6. 500-foot buffer from any other adult entertainment establishment 7. Partial lots beyond the required buffer will be available for use as adult entertainment establishments 8. All signs for any adult entertainment establishment may not be located within any required buffer area Pursuant to the December 1 , 1998 staff report, buffer areas from public buildings, institutions of high learning serving adults and ABC licensed facilities will be eliminated. III. CITY ATTORNEY RECOMMENDATION: That the Planning Commission recommend to the City Council approval of ZOA 98-7 as specified above. IV. ATTACHMENTS: A. Revised draft resolution B. Map exhibits C. December 1 , 1998 staff report Prepared by 'Steve SmiflT Reviewed and Approved b Phil Drell M 2 PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF A ZONING ORDINANCE AMENDMENT AS IT RELATES TO MUNICIPAL CODE CHAPTER 5.88 AND SECTION 25.34.020 M AND TO ADD CHAPTER 25.110 REGARDING THE LOCATION OF ADULT ENTERTAINMENT ESTABLISHMENTS. CASE NO. ZOA 98-7 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 1 st day of December, 1998, hold a duly noticed public hearing which was continued to December 15, 1998, to consider the above noted zoning ordinance amendment; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 97-18," in that the Director of Community Development has determined the amendment to be a Class 5 categorical exemption for the purposes of CEQA; and WHEREAS, adult entertainment establishments in the incorporated area of the City of Palm Desert require special supervision from public safety and health agencies of the City and County of Riverside in order to protect and preserve the health, safety and welfare of the patrons of such establishments as well as citizens of the City; and WHEREAS, the city attorney and staff have conducted an extensive review of land use studies concerning the secondary effects of adult entertainment establishments in other cities including, but not limited to, Garden Grove, California (1991 ); Phoenix, Arizona (1986); Minneapolis, Minnesota (1980); Houston, Texas (1983); Indianapolis, Indiana (1984); Amarillo, Texas (1977); City of Los Angeles, California (1977); Cleveland, Ohio (1977); Austin, Texas (1986); Seattle, Washington (1989); Oklahoma City (1986); Beaumont, Texas (1982); and Whittier, California (1978); have conducted its own studies, surveys and questionnaires of real estate appraisers, business persons and residents in Palm Desert; and WHEREAS, from review of the other cities' studies and the City's own surveys and testimony from its citizens, there is convincing documented evidence that adult entertainment establishments, because of their very nature, have a deleterious effect on both existing businesses around them and the surrounding residential areas adjacent to them, causing among other adverse secondary effects, increased crime and downgrading of property values; and WHEREAS, it is recognized that adult entertainment establishments are frequently used for sexual activities including prostitution and for other sexual liaisons of a casual nature in places open to the public; and Y PLANNING COMMISSION RESOLUTION NO. WHEREAS, increased crime and unhealthful conduct tend to accompany, concentrate around and be aggravated by adult entertainment establishments; such crime and unhealthful conduct includes but is not limited to prostitution, pandering, exposing minors to harmful materials, possession and distribution of obscene materials and child pornography, possession and sale of controlled substances and violent crimes against persons and property; and WHEREAS, the Planning Commission has considered in part, each of the following matters: (a) areas within close walking distance of single and multiple family dwellings should be free of adult entertainment establishment uses; (b) areas where children could be expected to walk, patronize, or frequent should be free of adult entertainment establishment uses; (c) adult entertainment establishment uses should be located in areas of the City which are not in close proximity to residential uses, churches, parks, or other public facilities and schools regularly frequented by children; (d) the image of the City as a pleasant attractive place to reside will be adversely affected by the presence of adult entertainment establishment uses in close proximity to residential land uses, churches, parks and other public facilities, and schools; (e) adult entertainment establishment uses should be regulated by zoning to separate them from other incompatible uses or uses which detract from other retail businesses, in particular, just as any other land use should be separated from uses with characteristics different from itself; (f) residents of the city and persons who are non- residents but use the city for shopping and other commercial needs will move from the community or shop elsewhere if adult entertainment establishment land uses are allowed to locate in close proximity to residential uses, churches, parks and schools; (g) appraisers familiar with commercial and residential properties in the city have expressed their opinion that the presence of adult entertainment establishments near homes substantially increases crime and substantially decreases property values of such homes, and that location of such businesses in commercial areas tends to detract from the value of nearby commercial properties as well, and at the same time tends to lead to a substantial increase in crime, substantial decrease in safety of women and children, and to detract from the ability to attract other businesses to the area, as well as to detract from the ability of non-adult entertainment establishments to attract customers to the area, and (h) no evidence has been presented to show that location of adult entertainment establishments within the city will improve the commercial viability or quality of life of the community; and WHEREAS, zoning, licensing and other police power regulations are legitimate, reasonable means of accountability to help protect the quality of life in the community and to help assure that all operators of adult entertainment establishments comply with reasonable regulations and are located in places that minimize the adverse secondary effects which naturally accompany the operation of such businesses; and WHEREAS, the City recognizes the possible harmful effects on children and minors exposed to the effects of such businesses and the deterioration of respect for family values, 2 PLANNING COMMISSION RESOLUTION NO. and the need and desire of children and minors to stay away from and avoid such businesses, which causes children to be fearful and cautious when walking through or visiting in the immediate neighborhood of such businesses; and WHEREAS, the Planning Commission finds that there would be a deterioration in the quality of businesses which choose to operate in and around adult entertainment establishments; and WHEREAS, the Planning Commission desires to minimize and control these adverse secondary effects and thereby protect the health, safety and welfare of the citizens; protect the citizens from increased crime; preserve the quality of life; preserve the property values and the character of surrounding neighborhoods and businesses, deter the spread of urban blight and protect against the threat to health from the spread of communicable and sexually transmitted diseases; and WHEREAS, the Planning Commission has considered the decisions of the United States Supreme Court regarding local regulation of adult entertainment establishments, including but not limited to, Young v. American Mini-Theatres, Inc., 427 U.S. 50 (1976) reh. denied 475 U.S. 1132; FW/PBS. Inc. v. Dallas, 493 U.S. 215 (1990); Barnes v. Glen Theatre, 1 1 1 S. Ct. 2456 (June 21 , 1991 ); and WHEREAS, it is not the intent of the Planning Commission to suppress any speech activities protected by the First Amendment, but to provide content neutral regulations which address the adverse secondary effects of adult entertainment establishments; and WHEREAS, it is not the intent of the Planning Commission to condone or legitimize the distribution of obscene material, and the Commission recognizes that state law prohibits the distribution of obscene materials and expects and encourages law enforcement state and local enforcement officials to enforce state obscenity statutes against such illegal activities in the city; NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1 . That the above recitations are true and correct and constitute the findings of the Commission in this case. 2. That Zoning Ordinance Amendment 98-7 attached hereto as Exhibit "A" is hereby recommended to City Council for approval. 3 I PLANNING COMMISSION RESOLUTION NO. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 1 st day of December, 1998, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: SONIA M. CAMPBELL, Chairperson ATTEST: PHILIP DRELL, Secretary Palm Desert Planning Commission 4 PLANNING COMMISSION RESOLUTION NO. EXHIBIT "A" SECTION 1 . Pursuant to state and local environmental regulations, it has been determined that the regulations encompassed in this ordinance are not considered to have a significant impact on the environment. The proposed action is further deemed to be classified as a Categorical Exemption pursuant to the state and city environmental regulation. SECTION 2. Sections 5.88.040 and 5.88.060 of the Palm Desert Municipal Code are deleted in their entirety. SECTION 3. Section 25.34.020(M) is hereby amended to read as follows: "M. Adult entertainment establishments as permitted by Chapter 5.88 subject to compliance of the specific use with the locational requirements of Chapter 25.110 and parking requirements of Chapter 25.58 of this code (i.e., adult bookstore shall comply with parking required for a bookstore in the general commercial C-1 zone). A parking requirement modification shall be available to businesses which operate only between the hours of five p.m. and five a.m. subject to it being determined by the zoning administrator that there is adequate off-street parking available." SECTION 4. Chapter 25.110 is added to read as follows: "Chapter 25.110. Location of Adult Entertainment Establishments Sections: 25.110.010 Location. 25.1 10.020 Amortization of non-conforming uses. 25.1 10.010 Location. A. No adult entertainment establishment shall be established in the following locations: 1 . In any zone other than the SI or service industrial zones; 2. Within two hundred feet of any R-1 , R-2, R-3, PR, PC, PI zone and two hundred feet of any other C-1 zones in the city. 5 PLANNING COMMISSION RESOLUTION NO. 3. Within three hundred feet of any parcel of real property in which is located: a. Church, existing as of December 1 , 1998, defined in this chapter as any facilities used primarily for worship of any religion, or used for other religious purposes. 4. Within five hundred feet of any parcel of real property in which is located: a. Schools, defined in this chapter as institutions for teaching or caring for minor children (e.g., child care facilities, preschools, day schools, elementary schools, secondary schools, high schools). The aforesaid institutions may be funded and/or operated either by governmental public authorities or by private organizations. 5. Within two hundred feet of any parcel of real property in which is located: a. "Public park" or "recreational facility" means public land which has been designated for park or recreational activities, including but not limited to, a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, open space, wilderness areas or similar public land within the city which is under the control, operation or management of the city park and recreation authorities; 6. Within five hundred feet of any other adult entertainment establishment; B. The area of separation specified above shall be measured in a straight line from the parcel on which the adult entertainment establishment is located. Portions of lots outside of the buffer area are available for other adult entertainment establishments. All signs for any adult entertainment establishment must be located outside of any buffer area. C. If an adult entertainment bureau is to serve as a referral service only and no other type of adult entertainment business is conducted on the premises, the bureau 6 PLANNING COMMISSION RESOLUTION NO. shall not be subject to the location requirements of this section, but shall otherwise comply with city requirements with respect to the location of service establishments. 7. Within two hundred feet of a street designated as an "arterial" street on the Palm Desert Circulation Network to the General Plan. 25.110.020 Amortization of Nonconforming Uses. The other provisions of this Title 25 dealing with nonconforming uses shall not be applicable to adult entertainment establishments. Instead, the following amortization schedule shall apply to all adult entertainment establishments which do not conform to the terms of this chapter but otherwise are legally existing on the effective date of the action that renders the use nonconforming. A. For an adult entertainment establishment legally existing in the city for a period of no less than six months preceding the effective date of the action: one hundred twenty days; B. For an adult entertainment establishment legally existing within the city for a period of no less than three months preceding the effective date of the action: ninety days. C. For an adult entertainment establishment legally existing within the city for any period up to three months preceding the effective date of the action: sixty days. 7 CITY01P111M01191 ' 73-5 i0 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 760 346-o6i I FAX: 760 341-7o98 info@palm-dese rt.org PLANNING COMMISSION MEETING NOTICE OF ACTION Date: December 2, 1998 CITY OF PALM DESERT Re: ZOA 98-7 The Planning Commission of the City of Palm Desert has considered your request and taken 4 the following action at its meeting of December 1 , 1998: i PLANNING COMMISSION CONTINUED ZOA 98-7 TO DECEMBER 15, 1998 BY MINUTE MOTION. MOTION CARRIED 5-0. Any appeal of the above action may be made in writing to the Director of Community Development, City of Palm Desert, within fifteen (15) days of the date of the decision. PHILIP DR ELL, ECRETARY PALM DESERT LANNING COMMISSION PD/tm cc: Coachella Valley Water District Public Works Department Building & Safety Department Fire Marshal F r MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 1, 1998 describe physical parameters of the project in terms of square footage, number of seats, etc., and then a simple statement that to proceed beyond that would require submission and approval of a precise plan. He said staff would probably eliminate most of the conditions of approval that deal with the actual design and would just basically say it is for a church, the size, on this property and to go any further they would have to have a precise plan to define all the physical design elements. Commissioner Fernandez concurred with the other commissioners. He thought once the conditional use permit was obtained they could go ahead toward their goals and come back to the Planning Commission as explained by Commissioner Jonathan. He was in favor of the project. Action: It was moved by Commissioner Jonathan, seconded by Commissioner Finerty, approving the findings as presented by staff. Motion carried 5-0. It was moved by Commissioner Jonathan, seconded by Commissioner Finerty, adopting Planning Commission Resolution No. 1906 approving CUP 98-18, subject to conditions as amended. Motion carried 5-0. C. Case No. ZOA 98-7 - CITY OF PALM DESERT, Applicant Request for approval of an amendment to Chapter 5.88 and Section 25.34.020 (M) and to add Chapter 25.110 of the Palm Desert Municipal Code regarding the location of Adult Entertainment Establishments. Mr. Smith said staff distributed a second adult entertainment site map to commission this evening. One prescribed a 500 foot buffer; the other assumed a 300 foot buffer. As indicated in the staff report, under current interpretations of the First Amendment the City didn't have the ability to preclude or prohibit these uses. When they had a potential applicant come to staff and say he was having difficulty finding a location staff looked at the map and noted there were about six lots currently meeting the separation requirements. The lots were delineated in a checked fashion on the map and were basically around Mediterranean and St. Charles Place. Staff discussed this with the City Attorney's office and they had some concern so they started 37 w . MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 1, 1998 looking at the existing ordinance and how they could continue to only allow these uses in the service industrial area, but also get back to providing a sufficient number of available lots that would result in our ordinance being declared valid. Currently they have the separation requirement from various other zones: R-1 , R-2, R-3, PR, PC, PI and C-1 . Also, the ordinance provided a buffer around churches, governmental buildings, schools, public parks, recreation, other adult entertainment establishments and businesses offering ABC licensed products. When they first created the ordinance, Mr. Smith thought there was only one ABC licensed facility in this area. Since then they have added more ABC licensed facilities and two churches, one of which is still there. The one at Joni Drive and Cook Street was no longer in operation. They took at look at how they could expand the area and came up with the first map retaining the 500 feet buffer, but most of those lots were still on Cook Street and in discussing this the last few days they thought that maybe the goal should be to get them off of Cook Street, but still create enough space and that was what the 300 foot map showed them, a 300 foot buffer and all of the lots fronting on Cook Street being eliminated from consideration. The recommendation before Commission was based on the 500 foot buffer, but if it was Commission's desire to accept the 300 foot buffer and eliminate those properties on Cook Street, then they could do that by amending the draft resolution accordingly. He said staff was open for discussion on this issue to see which direction they should be heading. Commissioner Jonathan asked why they couldn't do both. Why couldn't they have 500 feet and eliminate the parcels on Cook Street. Mr. Drell asked the City Attorney if that would allow the city to have sufficient spaces to meet court requirements. Commissioner Jonathan thought it was a fairly big area. Mr. Hargreaves informed Commission that the courts have said that cities have to allow a sufficient number of spaces but the courts have not elaborated on exactly what that amounts to. He said the city should have enough spaces to reasonably accommodate the uses because that would make the city less likely to be susceptible to a constitutional challenge. He explained the potential legal ramifications of not providing a sufficient number of spaces and felt the city should be as reasonably accommodating as possible while not necessarily degrading our neighborhoods and still trying to accommodate the community desires to not have these uses in inappropriate places. Chairperson Campbell asked Mr. Hargreaves if he felt someone would challenge the ordinance with a 500 foot buffer or 300 foot buffer. Mr. Hargreaves thought the 300 foot buffer was better. Taking out the lots along Cook Street could create some 38 1 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 1, 1998 problems but they might be able to open up more lots in another area. They also measured distances from the lot on which the use is located. If they measured the distance from the actual building, that could open up some more sites so those were the kinds of things they could do to open up as many areas as possible. He thought there was a reasonable area to accommodate the first one that comes in and once that one comes in they could reevaluate it. Commissioner Jonathan expressed concern about possibly having this type of use around the church and Chapman College area. He asked if it was possible with a 300 foot buffer to eliminate that area as well. Mr. Drell suggested maintaining 500 feet around the church and having 300 feet from residential uses. Also, if they created a minimum depth of the lot outside the buffer and made them eligible, then that would probably compensate for the loss of 500 feet around the church. Mr. Hargreaves said they weren't actually required to use the 300 feet or 500 feet distances. Based roughly on these distance standards they could determine what the appropriate areas would be and just designate them on the map, although they should reference some approximate 300 feet and 500 feet distances so people would understand how the locations were determined. Mr. Drell said that based on some proportionality of impacted parcels, if a parcel was 80% outside of the buffer then it was considered to be out. Mr. Hargreaves added that based on the City's desire to protect sensitive uses, they have come up with this kind of a zoning map and could delineate the appropriate areas. He noted that many lots were eliminated because the buffer zone at this point is within ten feet of the lot. Chairperson Campbell also noted that once they get one business, that could eliminate others because of the 500 foot buffer from it. Mr. Drell agreed and reiterated that once they receive some applications the City could reevaluate that particular restriction. Mr. Hargreaves said they might actually want to use the 300 foot separation from the different businesses initially. Commissioner Fernandez asked if there were any adult entertainment sites in the city. Staff replied no. Commissioner Finerty asked if it was possible since there was another service industrial area at Country Club and Washington to look at moving these potential businesses to that location. Mr. Drell said that they applied the same standards to them but there were churches and residential uses around it. Mr. Smith said with the current ordinance taking 500 feet from the east, 500 feet from the south, and 500 feet from the west they were left with one lot, but there was a church in there. If they went to a 300 foot buffer they might open up a lot or two in there. Mr. Drell said that the 39 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 1, 1998 ordinance would apply to any S.I. zone so they would have to apply it to that area as well. He noted that there were S.I. zoned properties in the city which have yet to be developed to the north. Chairperson Campbell asked about the freeway area around Cook. Mr. Drell said that area wasn't a service industrial zone, but overlaying planned commercial zones. In the area between Monterey and Portola against the freeway there were hundreds of areas of service industrial zoned property that had yet to be developed. Having a generalized geometry criteria that applies to all S.I. zones is one thing, but the other option was to physically designate on the map spaces based on some sort of system as long as there are enough areas in the entire city. Commissioner Finerty asked how many they felt would be enough. She thought it looked like they were jumping from the existing six to quite a few and she obviously agreed that no sexually oriented business should front on Cook. She felt that would be a horrible image for our city and was pretty surprised to see it proposed. Commissioner Finerty asked if they needed that big of an area. She didn't know how many lots there were in the existing section on the map legend. Mr. Drell said that if they eliminated lots along the boundary streets like Sheryl near the church and then included several more lots around Lennon, as well as partial lots, probably in terms of area they could probably make up for the lots being excluded around the church/Sheryl area. Commissioner Finerty agreed with Commissioner Jonathan that the distance from a church should be 500 feet. Mr. Drell asked for direction to either come up with some more iterations of this map or a motion to approve "a" map. Chairperson Campbell asked if the ordinance could be left as is until the first application is received and then review it. Mr. Drell replied no. Mr. Hargreaves explained why the ordinance should be amended and made current. Commissioner Finerty asked if staff could come back to Commission with the map removing the lots around Sheryl with the 500 foot buffer around the church and increasing the areas available on Lennon if it was necessary, removing all the frontage off of Cook but in addition to that providing a colored rendition of the other service industrial area at Country Club and Washington so that she could see why it wasn't feasible. Mr. Drell said yes and felt that a 300 foot buffer from residential zones would open up some parcels over there. Commissioner Finerty asked how many parcels the City Attorney felt were necessary. He felt the city should provide as many as possible. He explained the possible court process that could result from a challenge. Commissioner Finerty noted that right now there were six available parcels and if they look at the 300 foot buffer map asked how many parcel were there. Mr. Hargreaves guessed there were over 50 parcels and if they took the buffer down to 250 feet they would open up more lots because 40 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 1, 1998 the residential areas would be buffered by at least one service industrial parcel and they wouldn't be fronting on the same street, so the residential area would be pretty well buffered and they could still protect the church with a 500 foot separation. Commissioner Finerty noted there were at least 50 parcels on that map and asked if going from six to 50 was enough. Mr. Hargreaves said it was more acceptable. Commissioner Finerty asked how many parcels were on the first map with the 500 foot buffer. Mr. Drell noted that the 500 foot map included all the parcels on Cook Street. Commissioner Finerty said she was just trying to obtain numbers. Mr. Drell thought there were more on the 300 foot map, probably around 80, and if they eliminated the area around the church/Sheryl Avenue, there would still be more. He said that if they have agreed that the Cook Street frontage should be eliminated, providing the 500 feet around the church, and that large partial lots could go back in, then they could redraw it and see what they ended up with. He said they would also look at the area on Country Club and come back to the commission in two weeks. Commissioner Finerty asked if staff could also tell the commission how many parcels were in each one. Mr. Drell also noted that some parcels had multiple buildings on them and actually had many opportunities for siting. He thought they might even be able to isolate numbers of addresses and show that some of the big parcels had ten or 15 opportunities within that one parcel. Mr. Drell thought that with the same computer program that produced the map they could identify all the addresses on each one of the parcels. He suggested a two-week continuance. (There was no one in the audience to address the public hearing.) Commission concurred with the continuance. Action: It was moved by Commissioner Beaty, seconded by Commissioner Fernandez, to continue ZOA 98-7 to December 15, 1998 by minute motion. Motion carried 5-0. IX. MISCELLANEOUS None. X. COMMITTEE MEETING UPDATES A. CIVIC CENTER STEERING COMMITTEE - (No meeting) 41 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission i DATE: December 1, 1998 CASE NO: ZOA 98-7 REQUEST: Approval of an amendment to Chapter 5.88 and Section 25.34.020 (M) and to add Chapter 25.110 of the Palm Desert Municipal Code regarding the location of Adult Entertainment Establishments. APPLICANT: City of Palm Desert I. BACKGROUND: The City Attorney advises that, "Under current interpretations of the First Amendment, the courts require that each city make available adequate sites for the location of adult entertainment establishments. Courts have not given us a clear answer as to how many sites are required. However, there should be sufficient available sites such that an adult entertainment establishment has a reasonable possibility of locating within the city." In 1992 and 1995 the City amended the adult entertainment ordinance and established locational criteria for adult entertainment uses. These uses were limited to the S.I. (service industrial) zone but at a distance of at least five hundred feet from: (1 ) Any R-1 , R-2, R-3, PR, PC, PI and C1 zone (2) Any property which contains: - a church - a governmental public building - schools - day, elementary, secondary and high schools - institutions of higher learning - public park and recreation facility - any other adult entertainment establishment - any business offering on-premises sale of alcoholic beverages II. ANALYSIS: From the beginning the separation requirement from governmental public buildings was onerous in that the CVWD property adjacent to the east and the post office and city public works facility eliminated a large portion of the area. Over time the city, through conditional use permit approvals allowed churches and ABC licensed businesses which has further reduced available land on which adult entertainment establishments could legally locate (see attached maps of the SI area). STAFF REPORT ZOA 98-7 DECEMBER 1, 1998 The city needs to have a sufficient number of available sites in order that our ordinance would pass muster. In reviewing the matter, staff has determined that the least objectionable manner of accomplishing this is to eliminate the distance requirements from less sensitive sites: alcohol related sites, governmental, public buildings and institutions of higher education, that are not frequented by minors. Any church existing as of December 1 , 1998 will continue to be assured of 500 feet of separation, but any church which requests a conditional use permit in the future will not be assured of separation from these uses. With these modifications, staff believes that a sufficient number of sites are available." See the strike-out insert version of Section 5.88.040 below. 5.88.040 Location. A. No adult entertainment establishment shall be established in the following locations: 1 . In any zone other than the SI or service industrial zones; 2. Within five hundred feet of any R-1 , R-2, R-3, PR, PC, PI zone and five hundred feet of any other C-1 zones in the city; 3. Within five hundred feet of any parcel of real property in which is located any of the following uses or facilities; a. Church, existing as of December 1. 1998, defined in this chapter as any facilities used primarily for worship of any religion, or used for other religious purposes, 19. Gity, county, state, fedefal of other governmental publie btfilelings, whether owned, 'eased of operated by the ....,nnienta! entity, ineluding, but nat C. Schools, defined in this chapter as: i. institutions for teaching or caring for minor children (e.g., child care facilities, preschools, day schools, elementary schools, secondary schools, high schools); and of preparatory scheal and effefing art, letters and seienee, leadimg to the beeheler's degree or master's degree (e.g., colleges and universities). The aforesaid institutions may be funded and/or operated either by governmental public authorities or by private organizations, d. "Public park" or "recreational facility" means public land which has been designated for park or recreational activities, including but not limited to, a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, open space, wilderness areas or similar public land within the city which is under the control, operation or management of the city park and recreation authorities; 4. Within five hundred feet of any other adult entertainment establishment; 2 STAFF REPORT ZOA 98-7 DECEMBER 1, 1998 Of liqtlff OF OleOhOlie beverages. B. The measure of reference distance in this section shall be a straight line from the nearest property line containing the adult entertainment establishment to the nearest property line of an affected use, without regard to intervening structures. C. If an adult entertainment bureau is to serve as a referral service only and no other type of adult entertainment business is conducted on the premises, the bureau shall not be subject to the location requirements of this section, but shall otherwise comply with city requirements with respect to the location of service establishments. (Ord. 770 § 2 (part), 1995) The.City Attorney also notes: "The second part of the ordinance amendment removes the locations standards from the licensing chapter (Chapter 5.88) and places them in the zoning chapter (Title 25). This will make the municipal code more coherent, in that zoning issues with respect to adult entertainment establishments will be included along with other zoning requirements in Title 25. This change also has the advantage of insulating the locational standards from invalidation, should the licensing scheme be declared to be invalid due to evolving judicial standards. If so, the city would be in a position to continue to regulate the location of adult entertainment establishments. Conversely, if the locational standards are declared invalid, the city will retain its licensing and regulatory scheme." III. RECOMMENDATION: That the Planning Commission recommend to the City Council approval of ZOA 98-7. IV. ATTACHMENTS: A. Draft resolution B. Legal notice C. Correspondence D. Map exhibits Prepared by eve Smith Reviewed and Approve P it Drell AM 3 PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF A ZONING ORDINANCE AMENDMENT AS IT RELATES TO MUNICIPAL CODE CHAPTER 5.88 AND SECTION 25.34.020 M AND TO ADD CHAPTER 25.110 REGARDING THE LOCATION OF ADULT ENTERTAINMENT ESTABLISHMENTS. CASE NO. ZOA 98-7 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 1 st day of December, 1998, hold a duly noticed public hearing to consider the above noted zoning ordinance amendment; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 97-18," in that the Director of Community Development has determined the amendment to be a Class 5 categorical exemption for the purposes of CEQA; and WHEREAS, adult entertainment establishments in the incorporated area of the City of Palm Desert require special supervision from public safety and health agencies of the City and County of Riverside in order to protect and preserve the health, safety and welfare of the patrons of such establishments as well as citizens of the City; and WHEREAS, the city attorney and staff have conducted an extensive review of land use studies concerning the secondary effects of adult entertainment establishments in other cities including, but not limited to, Garden Grove, California (1991 ); Phoenix, Arizona (1986); Minneapolis, Minnesota (1980); Houston, Texas (1983); Indianapolis, Indiana (1984); Amarillo, Texas (1977); City of Los Angeles, California (1977); Cleveland, Ohio (1977); Austin, Texas (1986); Seattle, Washington (1989); Oklahoma City (1986); Beaumont, Texas (1982); and Whittier, California (1978); have conducted its own studies, surveys and questionnaires of real estate appraisers, business persons and residents in Palm Desert; and WHEREAS, from review of the other cities' studies and the City's own surveys and testimony . from its citizens, there is convincing documented evidence that adult entertainment establishments, because of their very nature, have a deleterious effect on both existing businesses around them and the surrounding residential areas adjacent to them, causing among other adverse secondary effects, increased crime and downgrading of property values; and WHEREAS, it is recognized that adult entertainment establishments are frequently used for sexual activities including prostitution and for other sexual liaisons of a casual nature in places open to the public; and PLANNING COMMISSION RESOLUTION NO. WHEREAS, increased crime and unhealthful conduct tend to accompany, concentrate around and be aggravated by adult entertainment establishments; such crime and unhealthful conduct includes but is not limited to prostitution, pandering, exposing minors to harmful materials, possession and distribution of obscene materials and child pornography, possession and sale of controlled substances and violent crimes against persons and property; and WHEREAS, the Planning Commission has considered in part, each of the following matters: (a) areas within close walking distance of single and multiple family dwellings should be free of adult entertainment establishment uses; (b) areas where children could be expected to walk, patronize, or frequent should be free of adult entertainment establishment uses; (c) adult entertainment establishment uses should be located in areas of the City which are not in close proximity to residential uses, churches, parks, or other public facilities and schools regularly frequented by children; (d) the image of the City as a pleasant attractive place to reside will be adversely affected by the presence of adult entertainment establishment uses in close proximity to residential land uses, churches, parks and other public facilities, and schools; (e) adult entertainment establishment uses should be regulated by zoning to separate them from other incompatible uses or uses which detract from other retail businesses, in particular, just as any other land use should be separated from uses • fresidents of the city and perso ns who are non- residents characteristics different from itself ( ► Y P with c a , residents but use the city for shopping and other commercial needs will move from the community or shop elsewhere if adult entertainment establishment land uses are allowed to locate in close proximity to residential uses, churches, parks and schools; (g) appraisers familiar with commercial and residential properties in the city have expressed their opinion that the presence of adult entertainment establishments near homes substantially increases crime and substantially decreases property values of such homes, and that location of such businesses in commercial areas tends to detract from the value of nearby commercial properties as well, and at the same time tends to lead to a substantial increase in crime, substantial decrease in safety of women and children, and to detract from the ability to attract other businesses to the area, as well as to detract from the ability of non-adult entertainment establishments to attract customers to the area, and (h) no evidence has been presented to show that location of adult entertainment establishments within the city will improve the commercial viability or quality of life of the community; and WHEREAS, zoning, licensing and other police power regulations are legitimate, reasonable means of accountability to help protect the quality of life in the community and to help assure that all operators of adult entertainment establishments comply with reasonable regulations and are located in places that minimize the adverse secondary effects which naturally accompany the operation of such businesses; and WHEREAS, the City recognizes the possible harmful effects on children and minors exposed to the effects of such businesses and the deterioration of respect for family values, 2 PLANNING COMMISSION RESOLUTION NO. and the need and desire of children and minors to stay away from and avoid such businesses, which causes children to be fearful and cautious when walking through or visiting in the immediate neighborhood of such businesses; and WHEREAS, the Planning Commission finds that there would be a deterioration in the quality of businesses which choose to operate in and around adult entertainment establishments; and WHEREAS, the Planning Commission desires to minimize and control these adverse secondary effects and thereby protect the health, safety and welfare of the citizens; protect the citizens from increased crime; preserve the quality of life; preserve the property values and the character of surrounding neighborhoods and businesses, deter the spread of urban blight and protect against the threat to health from the spread of communicable and sexually transmitted diseases; and WHEREAS, the Planning Commission has considered the decisions of the United States Supreme Court regarding local regulation of adult entertainment establishments, including but not limited to, Young v. American Mini-Theatres, Inc., 427 U.S. 50 (1976) reh. denied 475 U.S. 1132; FW/PBS. Inc. v. Dallas, 493 U.S. 215 (1990); Barnes v. Glen Theatre, 1 1 1 S. Ct. 2456 (June 21 , 1991 ); and WHEREAS, it is not the intent of the Planning Commission to suppress any speech activities protected by the First Amendment, but to provide content neutral regulations which address the adverse secondary effects of adult entertainment establishments; and WHEREAS, it is not the intent of the Planning Commission to condone or legitimize the distribution of obscene material, and the Commission recognizes that state law prohibits the distribution of obscene materials and expects and encourages law enforcement state and local enforcement officials to enforce state obscenity statutes against such illegal activities in the city; NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1 . That the above recitations are true and correct and constitute the findings of the Commission in this case. 2. That Zoning Ordinance Amendment 98-7 attached hereto as Exhibit "A" is hereby recommended to City Council for approval. 3 PLANNING COMMISSION RESOLUTION NO. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 1st day of December, 1998, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: SONIA M. CAMPBELL, Chairperson ATTEST: PHILIP DRELL, Secretary Palm Desert Planning Commission 4 PLANNING COMMISSION RESOLUTION NO. EXHIBIT "A" SECTION 1 . Pursuant to state and local environmental regulations, it has been determined that the regulations encompassed in this ordinance are not considered to have a significant impact on the environment. The proposed action is further deemed to be classified as a Categorical Exemption pursuant to the state and city environmental regulation. SECTION 2. Sections 5.88.040 and 5.88.060 of the Palm Desert Municipal Code are deleted in their entirety. SECTION 3. Section 25.34.020(M) is hereby amended to read as follows: "M. Adult entertainment establishments as permitted by Chapter 5.88 subject to compliance of the specific use with the locational requirements of Chapter 25.110 and parking requirements of Chapter 25.58 of this code (i.e., adult bookstore shall comply with parking required for a bookstore in the general commercial C-1 zone). A parking requirement modification shall be available to businesses which operate only between the hours of five p.m. and five a.m. subject to it being determined by the zoning administrator that there is adequate off-street parking available." SECTION 4. Chapter 25.110 is added to read as follows: "Chapter 25.110. Location of Adult Entertainment Establishments Sections: 25.110.010 Location. 25.110.020 Amortization of non-conforming uses. 25.110.010 Location. A. No adult entertainment establishment shall be established in the following locations: 1 . In any zone other than the SI or service industrial zones; 2. Within five hundred feet of any R-1 , R-2, R-3, PR, PC, PI zone and five hundred feet of any other C-1 zones in the city. 5 PLANNING COMMISSION RESOLUTION NO. F i 3. Within five hundred feet of any parcel of real property in which is located any of the following uses or facilities; a. Church, existing as of December 1 , 1998, defined in this chapter as any facilities used primarily for warship of any religion, or used for other religious purposes. i b. Schools, defined in this chapter as institutions for teaching or caring for minor children (e.g., child care facilities, preschools, day schools, elementary schools, secondary schools, high schools). The aforesaid institutions may be funded and/or operated either by governmental public authorities or by private organizations. C. "Public park" or "recreational facility" means public land which has been designated for park or recreational activities, including but not limited to, a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis I courts, open space, wilderness areas or similar public land within the citywhich is under the control, operation or management of , the city park and recreation authorities; 4. Within five hundred feet of any other adult entertainment establishment; B. The measure of reference distance in this section shall be a straight line from the nearest property line containing the adult entertainment establishment to the nearest property line of an affected use, without regard to intervening structures. C. If an adult entertainment bureau is to serve as a referral service only and no other type of adult entertainment business is conducted on the premises, the bureau shall not be subject to the location requirements of this section, but shall otherwise comply with city requirements with respect to the location of service establishments. 25.1 10.020 Amortization of Nonconforming Uses. The other provisions of this Title 25 dealing with nonconforming uses shall not i be applicable to adult entertainment establishments. Instead, the following amortization schedule shall apply to all adult entertainment establishments which do not conform to the 6 PLANNING COMMISSION RESOLUTION NO. terms of this chapter but otherwise are legally existing on the effective date of the action that renders the use nonconforming. A. For an adult entertainment establishment legally existing in the city for a period of no less than six months preceding the effective date of the action: one hundred twenty days; B. For an adult entertainment establishment legally existing within the city for a period of no less than three months preceding the effective date of the action: ninety days. C. For an adult entertainment establishment legally existing within the city for any period up to three months preceding the effective date of the action: sixty days. 7 ' JIr 73.510 FRED WARING DRIVE,PALM DESERT,CAU FOR NIA 92260 TELEPHONE(619)346-0611 CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 98-7 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request to amend Chapter 5.88 and Section 25.34.020 (M) and to add Chapter 25.110 of the Palm Desert Municipal Code regarding the location of Adult Entertainment Establishments. SAID public hearing will be held on Tuesday, December 1, 1998, at 7:00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project and/or negative declaration is available.for review in the Department of Community Development at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. PUBLISH: Desert Sun PHILIP DRELL, Secretary November 16, 1998 Palm Desert Planning Commission LAW orrices op 'BEST BEST & KRIEGE LLP November 3, 1998 MEMORANDUM TO: Steve Smith, Planning Manager City of Palm Des FROM: Robert W. Har uty City Attorney RE: Amendment to Locational Standards for Adult Entertainment Establishments Steve: We are proposing two amendments to the locational standards for the adult entertainment establishments: (1) Modify the locational standards to ensure that there are, within the city, an adequate number of sites available in which to locate adult entertainment establishments; and (2) Relocate the locational standards to the zoning code (Title 25) from their current location in the licensing section(Chapter 5.88) to increase the logical organization of the code and to insulate the locational standards from invalidity should the licensing standards at some point prove to be unenforceable due to evolving judicial standards. Under current interpretations of the First Amendment, the courts require that each city make available adequate sites for the location of adult entertainment establishments. Courts have not given us a clear answer as to how many sites are required. However, there should be sufficient available sites such that an adult entertainment establishment has a reasonable possibility of locating within the city. With respect to locational standards, the code currently provides that adult entertainment establishments may locate in the service industrial zone, but at a distance of at least five hundred feet from: (1) churches (2) schools (pre-,primary, and secondary schools, as well as institutions of higher learning) (3) public parks and recreational areas (4) businesses involving on-premises sale of alcoholic beverages (5) other adult entertainment establishments xn,flt B\RV;H = LAW orrices or -BEST BEST 6 KRIEGE LLP When these locational standards were first enacted, they allowed sufficient sites within the service industrial zone to locate adult entertainment establishments. However, in the intervening years, sensitive uses, particularly churches, have located in the 5I zone and have diminished the number of available sites. In order to ensure continued compliance with constitutional standards, it is necessary to amplify the available sites. In reviewing the matter, staff has determined that the least objectionable manner of accomplishing this is to eliminate the distance requirements from less sensitive sites: alcohol related sites and institutions of higher education, that are not frequented by minors. With these modifications, staff believes that a sufficient number of sites are available. The second part of the ordinance amendment removes the locational standards from the licensing chapter(Chapter 5.88 ) and places them in the zoning chapter (Title 25). This will make the municipal code more coherent, in that zoning issues with respect to adult entertainment establishments will be included along with other zoning requirements in Title 25. This change also has the advantage of insulating the locational standards from invalidation, should the licensing scheme be declared to be invalid due to evolving judicial standards. If so, the city would be in position to continue to regulate the location of adult entertainment establishments. Conversely, if the locational standards are declared invalid, the city will retain its licensing and regulatory scheme. RX0'LU VM\400z -2- 5.88.030 chapter shall be in effect until the city council shall by control, operation or management of the city park and • resolution fix some other rate based upon a cost factor. recreation authorities; D. All permits shall expire on December 31st of the 4. Within five hundred feet of any other adult enter- calendar year for which they were issued. Applications tainment establishment; for renewal of a permit shall be made on or before Novem- 5. Within five hundred feet of any business involving ber 30th of the year preceding the year from which a an on-premises sale of liquor or alcoholic beverages. renewal permit is sought.The renewal application fee for B. The measure of reference distance in this section an adult entertainment establishment permit shall be one shall be a straight line from the nearest property line hundred dollars.The renewal application fee for an adult containing the adult entertainment establishment to the entertainer shall be twenty-five dollars. Said renewal nearest property line of an affected use, without regard application fees are nonrefundable and shall be used to to intervening structures. defray the cost of investigation and processing the renewal C. If an adult entertainment bureau is to serve as a applications.The fees set forth in this subsection shall be referral service only and no other type of adult entertainment in effect until the city council shall by resolution fix some business is conducted on the premises, the bureau shall other rate based upon a cost factor. (Ord. 770 § 2 (part), not be subject to the location requirements of this section, 1995) but shall otherwise comply with city requirements with respect to the location of service establishments.(Ord.770 5.88.040 Location. § 2 (part), 1995) A. No adult entertainment establishment shall be established in the following locations: 5.88.060 Amortization of nonconforming 1. In any zone other than the SI or service industrial uses. zones; The provisions of Title 25 of this code dealing with 2. Within five hundred feet of any R-1,R-2,R-3,PR, nonconforming uses shall not be applicable to adult enter- PC,PI zone and five hundred feet of any other C-1 zones tainment establishments.Instead,the following amortization in the city; schedule shall apply to all adult entertainment establishments 3. Within five hundred feet of any parcel of real which do not conform to the terms of this chapter but property in which is located any of the following uses or otherwise are legally existing on the effective date of the facilities: ordinance codified in this chapter: a. Church,defined in this chapter as any facility used A. For an adult entertainment establishment legally primarily for worship of any religion, or used for other existing in the city for a period of no less than six months religious purposes, preceding the effective date of the ordinance codified in b. City,county,state,federal or other governmental this chapter: one hundred twenty days; public buildings, whether owned, leased or operated by B. For an adult entertainment establishment legally the governmental entity,including,but not limited to,city existing within the city for a period of no less than three halls, libraries, police and fire stations and post offices, months preceding the effective date of the ordinance C. Schools, defined in this chapter as: codified in this chapter: ninety days; i. Institutions for teaching or caring for minor children C. For an adult entertainment establishment legally (e.g,child care facilities,preschools,day schools,elementa- existing within the city for any period up to three months ry schools, secondary schools, high schools); and preceding the effective date of the ordinance codified in ii. Institutions of higher learning receiving approved this chapter: sixty days. (Ord. 770 § 2 (part), 1995) graduates of preparatory school and offering instructions in art,letters and science,leading to the bachelor's degree 5.88.070 Operational criteria. or master's degree (e.g., colleges and universities). In addition to the base zone requirements governing The aforesaid institutions may be funded and/or operated use and minimum development standards, the following either by governmental public authorities or by private additional requirements shall be met by adult entertainment organizations, establishments: d. "Public park'or"recreational facility"means public A. The use shall have a separate business entrance land which has been designated for park or recreational adjacent to the required parking area and no other nonadult activities,including but not limited to,a park,playground, use shall be permitted in the same building space while nature trails, swimming pool, reservoir, athletic field, used as an adult entertainment establishment. basketball or tennis courts, open space, wilderness areas B. All signing and architectural graphics shall comply or similar public land within the city which is under the with the provisions of Title 25 of this code. !�1Y (Palm Dean 7-95) 116 73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260 TELEPHONE(619)346-0611 CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 98-7 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request to amend Chapter 5.88 and Section 25.34.020 (M) and to add Chapter 25.110 of the Palm Desert Municipal Code regarding the location of Adult Entertainment Establishments. SAID public hearing will be held on Tuesday, December 1 , 1998, at 7:00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the Department of Community Development at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issdes you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. PUBLISH: Desert Sun PHILIP DRELL, Secretary November 16, 1998 Palm Desert Planning Commission f roof Of I'ub.(A),B.S'.} t FROOF OF.PUBUCAWN 'this space is for County Clerk'i FJing Stamp (2015.5GC.P.) SfA7E OFCALWRNA R ECiEW ED CouatyofRiversidt NOV 18 1998 Ium a afmaf of the United States,"resident of the Cm*aforesaK.lam over the age of eighteen COMfAUN CITY OUF PALM DESERTENT K ENT }years,and sad not A party b or iMerested in the aboveaddkd mallet lam the principal clerk of a ' printerof OMMSUNPUBU]SHM Q�J1rEPAhlya eewspaPvofgeneralcircvIatlon, pdatell aadpWiShed la the III of Palm Sprin8a Proof of P1rb1 c&n of Coup O(Mv h ersrdg,and which newspaper has been adl"dVd&Be"perofgeneraldm6flonbythe ........... '•..................••••............. SuperiarCaurt of the County of Riverside,State of Cafifamkuldm the MeOfMarch24,198& Can ..........0 •••••••••• Nun-'a 19u;that the notim of which the anneW b sprinted copy(sd in type not smaller than ronpanq has bem published to each regular sold entire issue of said newspaper and rat in any suPPlmidfereofonQrc following dates,to-wit: 0.850 CITYOFaPALM.DESERT LEGALiNOTICE NOTI CASE NO.IZOA�LggB8-7 HEREBV�GIVEN�th`at(e bi a nng ill ?%neltl�bbeeforeme Palm„Dese tanningg Com.� it ;at reg0;at�to amendrChapte 5.88 rentl:Sectiony2-.34.020r(M)lantl>ltoletltltChap to 257..}O�ofjthe�Palm Desert lMunicipaltCotle�ra ardlnAthe ocetlon'If Adolt Entertai ment Est'9b � /Q ishmants gg ee .. aw •• • .s ss�lrauaaaasa as asses ce berLi 1998.JR4 00', hn-Shea ounGdp: eIf berjat;the Pa me=rtYCIvi CenIsr%3- 10aFre Warn Dnv Palm Desert Califor tllwhlc �.new...N.w..........s.....e��esses�es Besse• time_ ntl; lace. II nterestedLpersons.. re nvRRee�to ttendland=belheard*Writtentcomments oncern ngnll tems;covered•,byFthis!pubfictnotic hall f ccepted tip.to'■■theWate.pf theghearm Informatioao r concerning thejpr. osed roec tlofF r rp I liar or ne ativ tleclaratlon e 9 'A ment•ot �vailableafora'revie r�thejpe rt Community Developments he bov�d ress�betweenitheihours of 8:00 •'m nd :00 p.mVMondaytthrougheFdday If y 0hnnggse{{II proposedrachonstin coSrt, you mayy betgmltedthe IoW' l_'� '` raising only1tthosessues�youor�s0 eons Ise r&duoa Pa1'ofpequry that a* aised thntt hea ng}descnbbeeda n=thi no. !�'r"'l �R lice, rjinn,il anjcorrsspontlencefdelivvbretlit 4t City Council t r prior to�athe+publistheadng PIiILIPiDRELNSecret aim Desert PIs ning-Comml n PUB. November 1611998 Dated at min springs,Calitomu thh��000d��y --- of e_ . ..... SIGNATURE LAW OFFICES of .BEST BEST 6 KRIEGEF LP r November 3, 1998 MEMORANDUM TO: Steve Smith, Planning Manager City of Palm Dese FROM: Robert W. Hargr uty City Attorney RE: Amendment to Locational Standards for Adult Entertainment Establishments Steve: We are proposing two amendments to the locational standards for the adult entertainment establishments: (1) Modify the locational standards to ensure that there are, within the city, an adequate number of sites available in which to locate adult entertainment establishments; and (2) Relocate the locational standards to the zoning code (Title 25) from their current location in the licensing section (Chapter 5.88) to increase the logical organization of the. code and to insulate the locational standards from invalidity should the licensing standards at some point prove to be unenforceable due to evolving judicial standards. Under current interpretations of the First Amendment, the courts require that each city make available adequate sites for the location of adult entertainment establishments. Courts have not given us a clear answer as to how many sites are required. However, there should be sufficient available sites such that an adult entertainment establishment has a reasonable possibility of locating within the city. With respect to locational standards, the code currently provides that adult entertainment establishments may locate in the service industrial zone, but at a distance of at least five hundred feet from: (1) churches (2) schools (pre-,primary, and secondary schools, as well as institutions of higher learning) (3) public parks and recreational areas (4) businesses involving on-premises sale of alcoholic beverages (5) other adult entertainment establishments FNPUB\RWM4002 LAW OFFICES OF BEST BEST 6 KRIEGEP LP When these locational standards were first enacted, they allowed sufficient sites within the service industrial zone to locate adult entertainment establishments. However, in the intervening years, sensitive uses, particularly churches, have located in the SI zone and have diminished the number of available sites. In order to ensure continued compliance with constitutional standards, it is necessary to amplify the available sites. In reviewing the matter, staff has determined that the least objectionable manner of accomplishing this is to eliminate the distance requirements from less sensitive sites: alcohol related sites and institutions of higher education, that are not frequented by minors. With these modifications, staff believes that a sufficient number of sites are available. The second part of the ordinance amendment removes the locational standards from the licensing chapter(Chapter 5.88 ) and places them in the zoning chapter(Title 25). This will make the municipal code more coherent, in that zoning issues with respect to adult entertainment establishments will be included along with other zoning requirements in Title 25. This change also has the advantage of insulating the locational standards from invalidation, should the licensing scheme be declared to be invalid due to evolving judicial standards. If so, the city would be in position to continue to regulate the location of adult entertainment establishments. Conversely, if the locational standards are declared invalid, the city will retain its licensing and regulatory scheme. RNTUBawtn4002 -2- ORDINANCE NO. AN ORDINANCE OF THE CITY OF PALM DESERT, AMENDING CHAPTER 5.88 AND SECTION 25.34, 020 (M) AND ADDING CHAPTER 25.110 OF THE PALM DESERT MUNICIPAL CODE REGARDING THE LOCATION OF ADULT ENTERTAINMENT ESTABLISHMENTS. The City Council of the City of Palm Desert, California, does hereby find as follows : WHEREAS, adult entertainment establishments in the incorporated area of the City of Palm Desert require special supervision from public safety and health agencies of the City and County of Riverside in order to protect and preserve the health, safety and welfare of the patrons of such establishments as well as citizens of the City; and WHEREAS, the City Council and staff have conducted an extensive review of land use studies concerning the secondary effects of adult entertainment establishments in other cities including, but not limited to, Garden Grove, California (1991) ; Phoenix, Arizona (1986) ; Minneapolis, Minnesota (1980) ; Houston, Texas (1983) ; Indianapolis, Indiana (1984) ; Amarillo, Texas (1977) ; City of Los Angeles, California (1977) ; Cleveland, Ohio (1977) ; Austin, Texas (1986) ; Seattle, Washington (1989) ; Oklahoma City (1986) ; Beaumont, Texas (1982) ; and Whittier, California (1978) have conducted its own studies, surveys and questionnaires of real estate appraisers, business persons and residents in Palm Desert; and WHEREAS, from review of the other cities ' studies and the City' s own surveys and testimony from its citizens, there is convincing documented evidence that adult entertainment establishments, because of their very nature, have a deleterious effect on both existing businesses around them and the surrounding residential areas adjacent to them, causing among other adverse secondary effects, increased crime and downgrading of property values; and WHEREAS, it is recognized that adult entertainment establishments, due to their nature, have serious objectional operational characteristics, particularly when they are operating in close proximity to each other, thereby contributing to crime, lower property values, urban blight and downgrading of the quality of life in the adjacent area; and WHEREAS, the City Council finds that adult entertainment establishments are frequently used for sexual activities including prostitution and for other sexual liaisons of casual nature in places open to the public; and RM\RWH\107385 WHEREAS, increased crime and unhealthful conduct tend to accompany, concentrate around and be aggravated by adult entertainment establishments; such crime and unhealthful conduct includes but is not limited to prostitution, pandering, exposing minors to harmful materials, possession and distribution of obscene materials and child pornography, possession and sale of controlled substances and violent crimes against persons and property; and WHEREAS, the City Council has considered in part, each of the following matters : (a) areas within close walking distance of single and multiple family dwellings should be free of adult entertainment establishment uses; (b) areas where children could be expected to walk, patronize, or frequent should be free of adult entertainment establishment uses; (c) adult entertainment establishment uses should be located in areas of the City which are not in close proximity to residential uses, churches, parks, or other public facilities and schools regularly frequented by children; (d) the image of the City as a pleasant attractive place to reside will be adversely affected by the presence of adult entertainment establishment uses in close proximity to residential land uses, churches, parks and other public facilities, and schools; (e) adult entertainment establishment uses should be regulated by zoning to separate them from other incompatible uses or uses which detract from other retail businesses, in particular, just as any other land use should be separated from uses with characteristics different from itself; (f) residents of the City and persons who are non-residents but use the City for shopping and other commercial needs will move from the community or shop elsewhere if adult entertainment establishment land uses are allowed to locate in close proximity to residential uses, churches, parks and schools; (g) appraisers familiar with commercial and residential properties in the City have expressed their opinion that the presence of adult entertainment establishments near homes substantially increases crime and substantially decreases property values of such homes, and that location of such businesses in commercial areas tends to detract from the value of nearby commercial properties as well, and at the same time tends to lead to a substantial increase in crime, substantial decrease in safety of women and children, and to detract from the ability to attract other businesses to the area, as well as to detract from the ability of non-adult entertainment establishments to attract customers to the area, and (h) no evidence has been presented to show that location of adult entertainment establishments within the City will improve the commercial viability or quality of life of the community; and WHEREAS, zoning, licensing and other police power regulations are legitimate, reasonable means of accountability to help protect the quality of life in the community and to help assure that all operators of adult entertainment establishments comply with reasonable regulations and are located in places that minimize the adverse secondary effects which naturally accompany the operation of such businesses; and RM\RWH\1073B5 -2- WHEREAS, the City recognizes the possible harmful effects on children and minors exposed to the effects of such businesses and the deterioration of respect for family values, and the need and desire of children and minors to stay away from and avoid such businesses, which causes children to be fearful and cautious when walking through or visiting in the immediate neighborhood of such businesses; and WHEREAS, the City Council finds that there would be a deterioration in the quality of businesses which choose to operate in and around adult entertainment establishments; and WHEREAS, The City Council desires to minimize and control these adverse secondary effects and thereby protect the health, safety and welfare of the citizens, protect the citizens from increased crime; preserve the quality of life; preserve the property values and the character of surrounding neighborhoods and businesses, deter the spread of urban blight and protect against the threat to health from the spread of communicable and sexually transmitted diseases; and WHEREAS, the City Council has considered the decisions of the United States Supreme Court regarding local regulation of adult entertainment establishments, including but not limited to, Young v. American Mini-Theatres. Inc . , 427 U.S . 50 (1976) reh. denied 429 U.S. 873 ; Renton v. Playtime Theatres, 475 U.S. 41 (1986) reh. denied 475 U.S. 1132; FW/PBS. Inc . v. Dallas, 493 U.S. 215 (1990) ; Barnes v. Glen Theatre, Ill S . Ct . 2456 (June 21, 1991) ; and WHEREAS, it is not the intent of the City Council to suppress any speech activities protected by the First Amendment, but to provide content neutral regulations which address the adverse secondary effects of adult entertainment establishments; and WHEREAS, it is not the intent of the City Council to condone or legitimize the distribution of obscene material, and the Council recognizes that state law prohibits the distribution of obscene materials and expects and encourages law enforcement state and local enforcement officials to enforce state obscenity statutes against such illegal activities in the City; NOW THEREFORE, the City Council of the City of Palm Desert, California, does hereby ordain as follows : SECTION 1 . Pursuant to state and local environmental regulations, it has been determined that the regulations encompassed in this ordinance are not considered to have a significant impact on the environment . The proposed action is further deemed to be classified as a Categorical Exemption pursuant to the state and city environmental regulation. SECTION 2 . Sections 5 . 88 . 040 and 5 . 88 . 060 of the Palm Desert Municipal Code are deleted in their entirety. W\RWH\107385 -3- SECTION 3 . Section 25 . 34 . 020 (M) is hereby amended to read as follows : "M. Adult entertainment establishments as permitted by Chapter 5 . 88 subject to compliance of the specific use with the locational requirements of Chapter 25 . 110 and parking requirements of Chapter 25 . 58 of this code (i .e . , adult bookstore shall comply with parking required for a bookstore in the general commercial C-1 zone) . A parking requirement modification shall be available to businesses which operate only between the hours of five p.m. and five a.m. subject to it being determined by the zoning administrator that there is adequate off-street parking available ." SECTION 4 . Chapter 25 . 110 is added to read as follows : "Chapter 25 . 110 . Location of Adult Entertainment Establishments . Sections : 25 . 110 . 010 Location. 25 . 110 . 020 Amortization of non-conforming Uses . 5 . 110 . 010 Location. A. No adult entertainment establishment shall be established in the following locations : 1 . In any zone other than the SI or service industrial zones; 2 . Within five hundred feet of any R-1, R-2 , R-3 , PR, PC, PI zone and five hundred feet of any other C-1 zones in the city. 3 . Within five hundred feet of any parcel of real property in which is located any of the following uses or facilities; a. Church, defined in this chapter as any facilities used primarily for worship of any religion, or used for other religious purposes . b. Schools, defined in this chapter as institutions for teaching or caring for minor children (e.g. , child care facilities, preschools, RM\RWH\1073B5 -4- day schools, elementary schools, secondary schools, high schools) . The aforesaid institutions may be funded and/or operated either by governmental public authorities or by private organizations . C . "Public park" or "recreational facility" means public land which has been designated for park or recreational activities, including but not limited to, a park, playground, nature trails, swimming pool , reservoir, athletic field, basketball or tennis courts, open space, wilderness areas or similar public land within the city which is under the control, operation or management of the city park and recreation authorities; 4 . Within five hundred feet of any other adult entertainment establishment; B . The measure of reference distance in this section shall be a straight line from the nearest property line containing the adult entertainment establishment to the nearest property line of an affected use, without regard to intervening structures . C. If an adult entertainment bureau is to serve as a referral service only and no other type of adult entertainment business is conducted on the premises, the bureau shall not be subject to the location requirements of this section, but shall otherwise comply with city requirements with respect to the location of service establishments . 5 . 110 . 020 Amortization of Nonconforming Uses . The other provisions of this Title 25 dealing with nonconforming uses shall not be applicable to adult entertainment establishments. Instead, the following amortization schedule shall apply to all adult entertainment establishments which do not conform to the terms of this chapter but otherwise are legally existing on the effective date of the action taht renders the use nonconforming. A. For an adult entertainment establishment legally existing in the city for a period of no less than six months preceding the effective date of the action: one hundred twenty days; RM\RWH\1073e5 -5- B. For an adult entertainment establishment legally existing within the city for a period of no less than three months preceding the effective date of the action: ninety days. C. For an adult entertainment establishment legally existing within the city for any period up to three months preceding the effective date of the action: sixty days . " PASSED, APPROVED AND ADOPTED this day of 1998, by the City Council of the City of Palm Desert, California, by the following vote, to wit : AYES : NOES : ABSENT: ABSTAIN: JEAN BENSON, Mayor City of Palm Desert, California ATTEST: SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California RM\RWH\107385 -6- M w Adult Entertainment Parcels (Other) A B C D E F G 1 APN LANDUSE BOOK PAGE BLOCK PARCEL COMMENTS 2 626320001 26 626 32 0 1 PARTIAL 3 626320007 26 626 32 0 7 PARTIAL 4 62632 0008 26 626 32 0 8 PARTIAL 5 626320009 26 626 32 0 9 PARTIAL 6 626320011 26 626 32 0 11 PARTIAL 7 626320013 26 626 32 0 13 PARTIAL 8 626320014 26 626 32 0 14 ALLOWABLE 9 626320015 26 626 32 0 15 ALLOWABLE 10 626320019 26 626 32 0 19 ALLOWABLE 11. 626320020 26 626 32 0 20 ALLOWABLE 12 626320021 26 626 32 0 21 ALLOWABLE 13 626320023 26 626 32 0 23 ALLOWABLE 14 626320032 26 626 32 0 32 ALLOWABLE 15 626320033 26 626 32 0 33 PARTIAL 16 626320045 26 626 32 0 45 ALLOWABLE 17 626320046 26 626 32 0 46 ALLOWABLE 18 626320047 26 626 32 0 47 PARTIAL 19 626320048 26 626 32 0 48 PARTIAL Page 1 of 1 12/7/98 .y *-------------------------- : MetroScan / Riverside --------------* Owner :Parc Center Drive Joi.. Venture Parc. :626 320 001 Site :77564 Country Club Dr Palm Desert 92211 Xfered :03/01/89 Mail :PO Box 419201 Kansas City Mo 64141 Price Use :COB Ind,Manufacturing And Processing OwnerPh Plat :Pm 18480 MapGrid :819 D3 Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac:3 .41 *-------------------------- MetroScan / Riverside • ---------------------------- Owner :Iw Eight Parcel :626 320 007 Site :77734 Country Club Dr Palm Desert 92211 Xfered :12/01/91 Mail :77570 Springfield Ln #C Palm Desert Ca 92211 Price Use :C0B Ind,Manufacturing And Processing OwnerPh Plat :Pm 27666 MapGrid :819 E3 Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac:2.20 *-------------------------- : MetroScan / Riverside • ---------------------------- Owner :Springfield Lane Partners Parcel :626 320 008 Site :77682 Country Club Dr Palm Desert 92211 Xfered :10/01/87 Mail :77570 Springfield Ln #C Palm Desert Ca 92211 Price Use :C0B Ind,Manufacturing And Processing OwnerPh Plat :Pm 18480 MapGrid :819 E3 Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac:1.71 *----------—---------- MetroScan / Riverside :---------------------------- Owner :Mark Ernest Et Al Parcel :626 320 009 Site :77622 Country Club Dr Palm Desert 92211 Xfered Mail :76653 Chrysanthemum Way Palm Desert Ca 92211 Price Use :COB Ind,Manufacturing And Processing OwnerPh Plat :Pm 18480 MapGrid :819 E3 Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac:2 .19 *-------------------------- MetroScan / Riverside : ---------------------------- Owner :Firman Lawrence S & Dixie M Parcel :626 320 011 Site :39620 Entrepreneur Ln Palm Desert 92211 Xfered :12/01/94 Mail :PO Box 8050 Riverside Ca 92515 Price Use :COS Ind,Manufacturing And Processing OwnerPh Plat :Pm 18480 MapGrid :819 E2 Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac: .46 *-------------------------- : MetroScan / Riverside --------------------------* Owner :Calpac Parcel :626 320 013 Site :77585 Enfield Ln Palm Desert 92211 Xfered :04/05/94 Mail :12761 16th Ave #300 Surrey Canada Price :$730, 000 Full Use :COB Ind,Manufacturing And Processing OwnerPh Plat :Pm 18480 MapGrid :819 E2 Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac: .97 *-------------------------- : MetroScan / Riverside ------------------------* Owner :Larson Larry G Parcel :626 320 014 Site :*No Site Address* Xfered :04/01/8B Mail :247 Dale Ct Brea Ca 92821 Price Use :C24 Vacant,Commercial Land OwnerPh Plat :Pm 18480 MapGrid Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac: .50 *-------------------------- : MetroScan / Riverside : ---------------------------- Owner :Tirsbier Robert Parcel :626 320 015 Site :*No Site Address* Xfered :11/01/87 Mail :41420 Yucca Ln Indio Ca 92201 Price Use :C24 Vacant,Commercial Land OwnerPh Plat :Pm 18480 MapGrid Bedrm: . BthF3H: / / Bldg SF: YB: Pool:No Ac: .46 *-------------------------- : MetroScan / Riverside • ---------------------------- Owner :Salpaka William J/Virginia A Parcel :626 320 019 Site :77720 Springfield Ln Palm Desert 92211 Xfered :11/10/92 Mail :77720 Springfield Ln Palm Desert Ca 92211 Price :$853,500 Full Use :COS Ind,Manufacturing And Processing OwnerPh Plat :Pm 18480 MapGrid :819 E3 Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac: .58 The Information Provided Is Deemed Reliable, But is Not Guaranteed. ^ *--------------- ---- • MetroScan / Riverside -------------------------* Owner :Alpine Assoc Parc. :626 320 020 Site :77690 Springfield Ln Palm Desert 92211 Xfered :05/22/90 Mail :650 Alpine Way Escondido Ca 92029 Price Use :COB Ind,Manufacturing And Processing OwnerPh Plat :Pm 18480 MapGrid :819 E3 Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac: .62 * -------------------: MetroScan / Riverside • ----------------------------* Owner :Waters Wayne D/Janet M Parcel :626 320 021 Site :77670 Springfield Ln Palm Desert 92211 Xfered :12/24/96 Mail :79811 Country Club Dr Bermuda Dunes Ca 92201 Price :$683,000 Partial Use :COB Ind,Manufacturing And Processing OwnerPh Plat :Pm 18480 MapGrid :819 E3 Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac:1.38 *---------------------- MetroScan / Riverside : ---------------------------- Owner :Waters Wayne D/Janet Parcel :626 320 032 Site :77725 Enfield Ln Palm Desert 92211 Xfered :07/31/98 Mail :45443 Camino Del Rey Indian Wells Ca 92210 Price :$1,075, 000 Full Use :COB Ind,Manufacturing And Processing OwnerPh Plat :Pm 18480 MapGrid :819 E2 Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac:1.25 *---------------------- MetroScan / Riverside : ---------------------------- owner :Shinn Clifford Parcel :626 320 033 Site :77700 Enfield Ln Palm Desert 92211 Xfered Mail :PO Box 1538 Wildomar Ca 92595 Price Use :COB Ind,Manufacturing And Processing OwnerPh Plat :Pm 23474 MapGrid :819 E2 Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac:1.64 *------------------------ MetroScan / Riverside : ---------------------------- Owner :Markman Robert Parcel :626 320 045 Site :77570 Enfield Ln Palm Desert 92211 Xfered :04/01/96 Mail :75396 Stardust Ln Indian Wells Ca 92210 Price :$600,000 Partial Use :COB Ind,Manufacturing And Processing OwnerPh :760-773-3644 Plat :Pm 28253 MapGrid :819 E2 Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac: .47 *—------------------—--- : MetroScan / Riverside • ------------------------- Owner :Curci John L Trustee Parcel :626 320 046 Site :77590 Enfield Ln Palm Desert 92211 Xfered :09/14/98 Mail Price :$87, 000 Full Use :COB Ind,Manufacturing And Processing OwnerPh Plat :Pm 28253 MapGrid :819 E2 Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac: .39 *_________________________ MetroScan / Riverside . _______--_______--____---___* Owner :Metzler Marcus S Jr Parcel :626 320 047 Site :77650 Enfield Ln Palm Desert 92211 Xfered :07/02/98 !i Mail :41865 Boardwalk #106 Palm Desert Ca 92211 Price Use :COB Ind,Manufacturing And Processing OwnerPh Plat :Pm 28253 MapGrid :819 E2 Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac: .37 *-—------------ MetroScan / Riverside :---------------------------- Owner :Wolter Thomas Quinn/Patricia Ann Trustee Parcel :626 320 048 I. Site :77670 Enfield Ln Palm Desert 92211 Xfered :05/16/97 Mail :41325 Yucca Ln Bermuda Dunes Ca 92201 Price :$475,000 Use :COB Ind,Manufacturing And Processing OwnerPh Plat :Pm 28253 MapGrid :819 E2 Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac: .44 The Information Provided Is Deemed Reliable, But is Not Guaranteed. w Adult Entertainment Parcels - PARTIAL- A B C D E F G 1 APN LANDUSE BOOK PAGE BLOCK PARCEL COMMENTS 2 624071008 5 624 7 1 8 3 624290001 5 624 29 0 1 4 624290004 5 624 29 0 4 5 624290005 5 624 29 0 5 6 624290035 5 624 29 0 35 7 624290036 5 624 29 0 36 8 16242900391 5 624 29 0 39 9 624290042 5 624 29 0 42 10 632030003 5 632 3 0 3 11 632050012 5 632 5 0 12 12 632050015 5 632 5 0 15 13 632650016 5 632 5 0 16 14 632050025 5 632 5 0 25 15 632050027 5 632 5 0 27 16 632060009 5 632 6 0 9 17 632060023 5 632 6 0 23 18 632060024 5 632 6 0 24 19 632060025 5 632 6 0 25 20 632060032 5 632 6 0 32 21 632060033 5 632 6 0 33 22 642 320001 5 634 22 0 1 23 634220016 5 634 22 0 10 Page 1 of 1 12/7/98 *--� MetroScan / Riverside •� ------------------------- Owner :City Of Palm Desert Parct :624 071 008 Site :74796 Velie Dr Palm Desert 92260 Xfered :06/21/93 Mail :74796 Velie Dr Palm Desert Ca 92260 Price :$1,298,000 Full Use :COS Ind,Manufacturing And Processing OwnerPh Plat :Tr 5224 MapGrid :818 H5 Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac:2 .11 *-------------------------- : MetroScan / Riverside -----------* Owner :Cook Office Centre Parcel :624 290 001 Site :74923 Hovley Ln E Palm Desert 92260 Xfered :04/01/89 Mail :901 Battery St #310 San Francisco Ca 94111 Price :$6, 510, 945 Full Use :C05 Off,General Office Buildings OwnerPh Plat :Pm 17452 MapGrid :818 H5 Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac:3 .61 *- ----------------- : MetroScan / Riverside • ---------------------------- Owner :Dukic Zulfo/Rosemary G Parcel :624 290 004 Site :74881 Hovley Ln E Palm Desert 92260 Xfered :08/14/98 Mail Price :$275,000 Full Use :C01 Com,Commercidl Stores OwnerPh Plat :Pm 17452 MapGrid :818 H5 Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac:2.10 *---------------------- MetroScan / Riverside :---------------------------- Owner :Kimball S Y & Betty R Parcel :624 290 005 Site :*No Site Address* Xfered :09/01/86 Mail :1102 S Bayfront Newport Beach Ca 92662 Price Use :C24 Vacant,Commercial Land OwnerPh :949-673-2110 Plat :Pm 17452 MapGrid Bedrm: BthF3H: / / Bldg SF: YB: Pool :No Ac:2. 10 *-----------—-------------: MetroScan / Riverside • ---------------------------- owner :Colony Communications Inc Parcel :624 290 035 Site :41725 Cook St Palm Desert 92211 Xfered :11/01/96 Mail :550 Continental Blvd #250 E1 Segundo Ca 90245 Price Use :CO1 Com,Commercial Stores OwnerPh Plat :Pm 13635 MapGrid :818 J5 Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac:2 .80 *-------------------------- ' MetroScan / Riverside ' ----------------------------* Owner :Save Most Desert Rancho Ltd Parcel :624 290 036 Site :74875 Avenue 42 Palm Desert 92211 Xfered :12/01/86 Mail :25351 Alicia Pkwy #A Laguna Hills Ca 92653 Price Use :C07 Ind, Industrial Storage OwnerPh Plat :Pm 13635 MapGrid :818 H5 Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac:7.38 *--------------------— MetroScan / Riverside : ---------------------------- Owner :W E Trust Parcel :624 290 039 Site :41625 Eclectic St Palm Desert 92260 Xfered :05/31/95 Mail :46600 Quail Run Dr Indian Wells Ca 92210 Price Use :C08 Ind,Manufacturing And Processing OwnerPh Plat :Pm 17452 MapGrid :818 H5 Bedrm: BthF3H: / / Bldg SF: YE: Pool:No Ac:2 .29 *------------—---— MetroScan / Riverside :---------------------------- Owner :Kyser Thomas E & Sherrell J Parcel :624 290 042 Site :*No Site Address* Xfered :07/01/89 Mail :PO Box 321 Rancho Mirage Ca 92270 Price Use :C24 Vacant,Commercial Land OwnerPh Plat :Pm 20112 MapGrid Bedrm: BthF3H: / / Bldg SF: YB: Pool :No Ac: .89 *-------------------------- : MetroScan / Riverside • ---------------------------- Owner :Jackson Delmas Et Al Parcel :632 030 003 Site :*No Site Address* Xfered :02/01/94 Mail :PO Box 13450 Palm Desert Ca 92255 Price Use :C24 Vacant,Commercial Land OwnerPh Plat :Pm 13406 MapGrid Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac:6.34 The Information Provided Is Deemed Reliable, But is Not Guaranteed. � *--- ------------: MetroScan / Riverside --------------* Owner :Rosen Jerry Trustee ParcL :632 050 012 Site :*No Site Address* Xfered :09/21/95 Mail Price Use :C22 Com,Miscellaneous Structures OwnerPh Plat :Pm 23506 MapGrid Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac:1.23 * ------------ MetroScan / Riverside •---------------------------- owner :Imperial Sheet Metal Cc Inc Parcel :632 050 015 Site :75100 Saint Charles P1 Palm Desert 92211 Xfered :02/01/89 Mail :75100 Saint Charles P1 Palm Desert Ca 92211 Price :$155, 000 Full Use :COB Ind,Manufacturing And Processing OwnerPh Plat :Tr 13915 MapGrid :818 J5 Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac: .55 *- MetroScan / Riverside :---------------------------- Owner :St Charles Partnership #2 Parcel :632 050 016 Site :75090 Saint Charles P1 Palm Desert 92211 Xfered :05/31/95 Mail :75090 Saint Charles P1 Palm Desert Ca 92211 Price :$590, 000 Full Use :COB Ind,Manufacturing And Processing OwnerPh Plat :Tr 13915 MapGrid :818 J5 Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac: .57 *---- ---------- : MetroScan / Riverside • ---------------------------- Owner :Grove Street Associates Parcel :632 050 025 Site :41841 Beacon H1 Palm Desert 92211 Xfered :12/21/90 Mail :3636 Birch St #270 Newport Beach Ca 92660 Price Use :COB Ind,Manufacturing And Processing OwnerPh Plat :Tr 13915 MapGrid :816 J5 Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac:2.23 *- ------------ : MetroScan / Riverside • ---------------------------- Owner :Melin Parcel :632 050 027 Site :75110 Saint Charles P1 Palm Desert 92211 Xfered :07/01/96 Mail :44489 Town Center Way #D511 Palm Desert Ca 92260 Price Use :C05 Off,General Office Buildings OwnerPh Plat :Pm 23506 MapGrid :818 J5 Bedrm: BthF3H: / / Bldg SF: YB: Pool :No Ac:1. 08 *__________________________ : MetroScan / Riverside __* Owner :St Charles Partnership #1 Parcel :632 060 009 Site :75080 Saint Charles P1 Palm Desert 92211 Xfered :05/31/95 Mail :75080 Saint Charles P1 Palm Desert Ca 92211 Price :$590,000 Full Use :COB Ind,Manufacturing And Processing OwnerPh Plat :Tr 13915 MapGrid :818 J5 Bedrm: BthF3H: / / Bldg SF: YB: Pool :No Ac: .57 *--------------- MetroScan / Riverside : ---------------------------- Owner :Truly Nolen Of America Inc Parcel :632 060 023 Site :75070 Saint Charles P1 Palm Desert 92211 Xfered :01/01/87 Mail :3620 E Speedway Blvd Tucson Az 85716 Price :$146, 000 Full Use :COB Ind,Manufacturing And Processing OwnerPh :520-326-4363 Plat :Tr 13915 MapGrid :818 J5 Bedrm: BthF3H: / / Bldg SF: YB: Pool :No Ac: .56 *-------------------------- : MetroScan / Riverside • --------- Owner :Mark Edward H/Maura P Co-Trustees Et Al Parcel :632 060 024 Site :41945 Boardwalk Palm Desert 92211 Xfered :11/09/95 Mail :41945 Boardwalk Palm Desert Ca 92211 Price Use :COB Ind,Manufacturing And Processing OwnerPh Plat :Tr 13915 MapGrid :818 J5 Bedrm: ,BthF3H: / / Bldg SF: YB: Pool:No Ac:1.77 *-------------------------- MetroScan / Riverside ---------------* Owner :Doms Eugene E Parcel :632 060 025 Site :41995 Boardwalk Palm Desert 92211 Xfered :06/01/83 Mail :PO Box 1659 San Juan Capistrano Ca 92693 Price :$263, 500 Full Use :COB Ind,Manufacturing And Processing OwnerPh Plat :Tr 13915 MapGrid :818 J5 Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac:1.79 The Information Provided Is Deemed Reliable, But Is Not Guaranteed. * MetroScan / Riverside -------------------------* Owner :Kaplan Bruce A/Linda Trustees Pare_ :632 060 032 Site :41905 Boardwalk Palm Desert 92211 Xfered :07/10/97 Mail :39000 Bob Hope Dr Rancho Mirage Ca 92270 Price :$737, 000 Partial Use :C07 Ind,Industrial Storage OwnerPh :760-346-5603 Plat :Tr 13915 MapGrid :818 JS Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac:2 .91 *-------------------------- : MetroScan / Riverside . ---------------_------------* Owner :Delta Dev I Parcel :632 060 033 Site :41865 Boardwalk Palm Desert 92211 Xfered :01/01/88 Mail :8445 Camino Santa Fe #101 San Diego Ca 92121 Price Use :CO5 Off,General Office Buildings OwnerPh Plat :Tr 13915 MapGrid :818 J5 Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac:2 .38 The Information Provided Is Deemed Reliable, But Is Not Guaranteed. MetroScan / Riverside - -------------------------* Owner :Jackson Delmas Et Al Pare_ :634 220 001 Site :*No Site Address* Xfered :02/01/94 Mail :PO Box 13450 Palm Desert Ca 92255 Price Use :C24 Vacant,Commercial Land OwnerPh Plat :Pm 27463 MapGrid Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac:2 .24 *-------------—-—-—----- : MetroScan / Riverside •----------------------------* Owner :Lakeside Properties Inc Parcel :634 220 010 Site :*No Site Address* Xfered Mail 920 Emerald Bay Laguna Beach Ca 92651 Price Use :C24 Vacant,Commercial Land OwnerPh Plat :Tr 13236 MapGrid Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac:2 .42 The information Provided Is Deemed Reliable, But Is Not Guaranteed. Adult Entertainment Parcels -ALLOWABLE- A B C D E F G 1 APN LANDUSE BOOK PAGE BLOCK PARCEL COMMENTS 51 632060007 5 632 6 0 7 EXISTING 52 632060008 5 632 6 0 8 EXISTING 53 632060012 5 632 6 0 12 54 632060013 5 632 6 0 13 55 632060026 5 632 6 0 26 56 632060027 5 632 6 0 27 57 632060029 5 632 6 0 29 58 632060030 5 632 6 0 30 59 632060034 5 632 6 0 34 EXISTING 60 634220002 5 634 22 0 2 61 634220003 5 634 22 0 3 62 634220004 5 634 22 0 4 63 16342200051 5 634 22 0 5 64 16342200071 5 634 22 0 7 65 16342200081 5 634 22 0 8 66 16342200091 5 634 22 0 9 67 16342300021 5 634 23 0 2 68 1634230003 5 634 23 0 3 69 1634230004 5 634 23 0 4 70 1634230005 5 634 -23-0-5 71 634230005 5 634 23 0 5 72 634230005 5 634 23 0 5 73 634230007 5 634 23 0 7 74 634230008 5 634 23 0 8 75 634230010 5 634 23 0 10 76 634230011 5 634 23 0 11 77 634230012 5 634 23 0 12 78 634230013 5 634 23 0 13 79 634230014 5 634 23 0 14 80 634230015 5 634 23 0 15 81 634230016 5 634 23 0 16 82 634230017 51 634F7 31 0 17 Page 2 of 2 12/7/98 Adult Entertainment Parcels -ALLOWABLE- A B C D E 1 F G 1 APN LANDUSE BOOK PAGE BLOCK PARCEL COMMENTS 2 624071002 5 624 7 1 2 3 624071003 5 624 7 1 3 4 624071004 5 624 7 1 4 5 62407 0005 5 624 7 1 5 6 624071006 5 624 7 1 6 7 624071012 5 624 7 1p 8 624071013 5 624 7 1 9 624071014 5 624 7 110 624071015 5 624 7 111 624071034 5 624 7 112 624072002 5 624 7 2 13 624072003 5 624 7 2 3 14 624072004 5 624 7 2 4 15 624072005 5 624 7 2 5 16 624072006 5 624 7 2 6 17 624072007 5 624 7 2 7 18 624072008 5 624 7 2 8 19 624072011 5 624 7 2 11 20 624072012 5 624 7 2 12 21 624072013 5 624 7 2 13 62 22 4072014 5 624 7 2 14 23 624072015 5 624 7 2 15 24 624072016 5 624 7 2 16 25 624072017 5 624 7 2 17 26 624072020 5 624 7 2 20 27 624074053 5 624 7 4 53 28 624290009 5 624 29 0 9 29 624290010 5 624 29 0 10 30 624290014 5 624 29 0 14 31 624290015 5 624 29 0 15 32 624290016 5 624 29 0 16 33 624290018 5 624 29 0 18 34 624290019 5 624 29 0 19 35 624290020 5 624 29 0 20 36 624290038 5 624 29 0 38 37 624290044 5 624 29 0 44 38 624290046 5 624 29 0 46 39 624290047 5 624 29 0 47 40 624290048 5 624 29 0 48 41 632050001 5 632 5 0 1 42 632050004 5 632 5 0 4 43 632050008 5 632 5 0 8 44 632050009 5 632 5 0 9 45 632050010 5 632 5 0 10 46 632050011 5 632 5 0 11 47 632050020 5 632 5 0 20 EXISTING 48 632050023 5 632 5 0 23 EXISTING 49 632050024 5 632 5 0 24 50 632050026 5 632 5 0 26 Page 1 of 2 12M98 --------------------: MetroScan / Riverside •----------------------------* . Owner :Mahoney Thomas Patrick & Rhoda Jean Parcel :624 071 002 Site :74872 Velie Dr Palm P rt 92260 Xfe: :07/01/85 Mail :5 Collins Is Newport _ ich Ca 92662 Pricv Use :C0B Ind,Manufacturing And Processing OwnerPh Plat :Tr 5224 MapGrid :818 J5 Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac: *-------------------------- HetroScan / Riverside ----------------------* Owner :Morris Robert 0 & Diane R Parcel :624 071 003 Site :74866 Velie Dr Palm Desert 92260 Xfered :12/01/92 Mail :73275 Pinyon St Palm Desert Ca 92260 Price Use :COB Ind,Manufacturing And Processing OwnerPh Plat :Tr 5224 . MapGrid :818 J5 Bedrm: BthF3H: / / Bldg SF: YB: POOl:NO Ac: *----------------------- MetroScan / Riverside --------------------------* Owner :Krinitt Ben & Sally Parcel :624 071 004 Site :74854 Velie Dr Palm Desert 92260 Xfered :02/01/98 Mail :105 Via Los Altos Redondo Beach Ca 90277 Price Use :C07 Ind,Industrial Storage OwnerPh Plat :Tr 5224 MapGrid :818 J5 Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac: *--------------------------' MetroScaa / Riverside •----------------------------* Owner :Avriette Gene Parcel :624 071 005 Site :74842 Velie Dr Palm Desert 92260 Xfered :12/01/83 Mail :70415 Cobb Rd Rancho Mirage Ca 92270 Price :$43,000 Full Use :C0B Ind,Manufacturing And Processing OwnerPh . Plat :Tr 5224 MapGrid :818 H5 Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac: *--------------------------:. .Hetroscan / Riverside •----------------------------* Owner :Kelly Daniel M & Gloria K Parcel :624 071 006 Site :74830 Velie Dr Palm Desert 92260 Xfered :06/08/90 Mail :48900 Paisano Rd Palm Desert Ca 92260 Price Use :COB Ind,Manufacturing And Processing ' OwnerPh :760-340-1036 Plat :Tr 5224 MapGrid :818 H5 Bedrm: BthF3H: / / Bldg SF: YB: - Pool:No Ac: *-------------------------- Metroscan / Riverside •----------------------------*_ Owner :Kasif Shellie Parcel :624 071 012 Site :74805 Joni Dr Palm Desert 92260 Xfered :04/28/98 Mail :5702 Fairway Knoll In Santa Rosa Ca 95403 Price :$350,000 Full Use :C0B Ind,Manufacturing And Processing OwnerPh Plat :Tr 5224 MapGrid :818 H5 Bedrm: BthF3H: / / Sldg SF: YB: Pool:No Ac: *---------------------- HetroScan /Riverside -------------------* Owner :Winkler Irene Parcel :624 071 013 Site :74817 Joni Dr Palm Desert 92260 Xfered :03/01/90 Mail :10724 Wilshire Blvd #1602 Los Angeles Ca 90024 Price Use :COB Ind,Manufacturing And Processing OwnerPh :310-475-5630 Plat :Tr 5224 MapGrid :818 H5 Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac: *-------------------------- MetroScaa / Riverside --------------------------* Owner :City Of Palm Desert Parcel :624 071 014 Site :74833 Joni Dr Palm Desert 92260 Xfered :03/01/82 Mail :45275 Prickley Pear Ln Palm Desert Ca 92260 Price :$245,000 Full Use :I03 Gov,Government Buildings OwnerPh Plat :Tr 5224 MapGrid :818 H5 Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac: *-------------------------- HetroScan / Riverside -------------------------* Owner :Kohen Uri & Helene Lenga Et Al Parcel :624 071 015 Site :74849 Joni Dr Palm Desert 92260 Xfered :11/01/93 Mail :74849 Joni Dr Palm Desert Ca 92260 Price Use :C07 Ind,Industrial Storage OwnerPh Plat :Tr 5224 MapGrid :818 H5 Bedrm: BthF3H: / / Bldg SF: YB: POOl:NO Ac: The Information Provided Is Deemed Reliable, But Is Not Guaranteed. ---------- MetroScan / Riverside :----------------------------* Owner :Mott Frank Parcel :624 071 016 Site :74855 Joni Dr Palm De -t 92260 Xfei :08/04/95 Mail :76501 Daffodil Dr Pal. ,esert Ca 92211 Pric- Use :Cl Com,Miscellaneous OwnerPh :760-345-4950 Plat :Tr 5224 MapGrid : 818 H5 Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac: *-------------------------- MetroScan / Riverside --------------------------* Owner :Mcclellan Juanita F Parcel :624 071 017 Site :74869 Joni Dr Palm Desert 92260 Xfered :10/01/88 Mail :38572 Jefferson St Indio Ca 92203 Price Use :C08 Ind,Manufacturing And Processing OwnerPh Plat :Tr 5224 . MapGrid :818 J5 Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac: *--------------------------' MetroScan / Riversides --------------------------* Owner :Sorensen Casey J Parcel :624 072 002 Site :74823 Velie Dr Palm Desert 92260 Xfered :11/12/93 Mail :75199 Kavenish Way Indian Wells Ca 92210 Price :$170,000 Full Use :C22 Com,Miscellaneous Structures OwnerPh Plat :Tr 5224 MapGrid :818 H5 Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac: *-------------------------- MetroScan / Riverside '----------------------------* Owner :Hoard Hugh Parcel :624 072 003 Site :74831 Velie Dr Palm Desert 92260 Xfered :07/01/88 Mail :74991 Joni Dr Palm Desert Ca 92260 Price :$99,082 Partial Use :C08 Ind,Manufacturing And Processing OwnerPh Plat :Tr 5224 MapGrid :816 H5. Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac: *--------------------------:.. .MetroScan / Riverside ---------------------* Owner :Humphries Jacquelline L Trustee Parcel :624 072 004 Site :74841 Velie Dr Palm Desert 92260 Xfered :04/15/98 Mail :1836 Galaxy Dr Newport Beach Ca 92660 Price Use :C08 Ind,Manufacturing And Processing OwnerPh Plat :Tr 5224 MapGrid :818 H5 Bedrm: BthF3H: / . / Bldg SF: YB: Pool:No Ac: *-------------------------- MetroScan / Riverside :---------------------------* Owner :Humphries Jacquelline L Trustee Parcel :624 072 005 Site :74853 Velie Dr Palm Desert 92260 Xfered :04/15/98 Mail :1836 Galaxy Dr Newport Beach Ca 92660 Price Use :C08 Ind,Manufacturing And Processing OwnerPh - Plat :Tr 5224 MapGrid :818 HS Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac: *--------------------- MetroScan / Riverside ----------------------------* Owner :Stone Cameron W/Myrna R Parcel :624 072 006 Site :74867 Velie Dr Palm Desert 92260 Xfered :07/21/94 Mail :74867 Velie Dr Palm Desert Ca 92260 Price :$410,000 Full Use :C08 Ind,Manufacturing And Processing OwnerPh Plat :Tr 5224 MapGrid :818 H5 Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac: *-------------------------- MetroScan / Riverside '----------------------------* Owner :Richardt Eloyce G Parcel :624 072 007 Site :74875 Velie Dr Palm Desert 92260 Xfered :07/17/95 Mail :75593 Camino De Paco Indian Wells Ca 92210. Price Use . :COl Com,Commercial Stores OwnerPh Plat :Tr 5224 MapGrid :818 H5 Bedrm: BthF3H: / . / Bldg SF: YB: Pool:No Ac: *--------------------------: MetroScan / Riverside --------------------* Owner :Garrett Bobby Charles & Maureen Parcel :624 072 008 Site :74883 Velie Dr Palm Desert 92260 Xfered :01/01/96 Mail :46437 Manitou Dr Indian Wells Ca 92210 Price Use :Cl Com,Miscellaneous OwnerPh :760-345-1395 Plat :Tr 5224 MapGrid :818 H5 Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac: The Information Provided Is Deemed Reliable, But Is Not Guaranteed. ----------------------- MetroScaa Riverside - ------------7----------* Owner :Carlson Frank L/Cathy A Parcel :624 072 O11 Site :74882 Joni Dr Palm De -t 92260 Xfe :06/02/95 Mail :74882 Joni Dr Palm De _t Ca 92260 Pric_ :$345,000 Full Use :COB Ind,Manufacturing And Processing OwnerPh Plat :Tr 5224 MapGrid :818 H5 Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac: *-------------------------- Metroscaa / Riverside ----------------------* Owner :Krinitt Sally & Ben Et Al Parcel :624 072 012 Site :74874 Joni Dr Palm Desert 92260 Xfered :02/01/98 Mail :105 Via Los Altos Redondo Beach Ca 90277 Price Use :C0B Ind,Manufacturing And Processing OwnerPh Plat :Tr 5224 MapGrid :818 J5 Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac: *--------------------------' MetroScan / Riverside ----------------------* Owner :Krinitt Sally 6 Ben Et Al Parcel :624 072 013 Site :74868 Joni Dr Palm Desert 92260 Xfered :02/01/98 Mail :105 Via Los Altos Redondo Beach Ca 90277 Price Use :COB Ind,Manufacturing And Processing - OwnerPh Plat :Tr 5224 MapGrid :818 J5 Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac: *-------------------------- MetroScaa / Riverside '----------------------------* Owner :Moller Erik S Parcel :624 072 014 Site :74856 Joni Dr Palm Desert 92260 Xfered :03/01/96 Mail :78455 Avenue 41 Indio Ca 92201 Price Use :C0B Ind,Manufacturing And Processing _ OwnerPh Plat :Tr 5224 MapGrid :818 H5 Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac: *--------------------------: -MetroScan / Riverside :----------------------------* Owner :Johnson Larry C Parcel :624 072 015 Site :74850 Joni Dr Palm Desert 92260 Xfered -:01/01/86 Mail :1406 Ritchey St Santa Ana Ca 92705 Price :$110,000 Full Use :COB Ind,Manufacturing And Processing _ OwnerPh Plat :Tr 5224 MapGrid :818 H5 Bedrm: BthF3H: / / Bldg SF: YB: - -Pool:No Ac: *--------------------------' Metroscan / Riverside :----------------------------* Owner :Barajas John Henry 6 Joanne Gayle Parcel :624 072 016 Site :74834 Joni Dr Palm Desert 92260 Xfered ;04/01/82 Mail :42901 Lima Hall Dr Bermuda Dunes Ca 92201 ' ..Price Use :Cl Com,Miscellaneous ownerPh :760-345-3912 Plat :Tr 5224 MapGrid :018 H5 Bedrm: BthF3H: / / 'Bldg SF: YB: Pool:No Ac: *------------------------- MetroScan /'Riverside :----------------------------* Owner :Miller Harvey M Parcel :624 072 017 Site :74818 Joni Dr Palm Desert 92260 Xfered :10/11/91 Mail :75015 Sheryl Ave Palm Desert Ca 92211 Price :$550,000 Full Use :COB Ind,Manufacturing And Processing OwnerPh . Plat :Tr 5224 MapGrid :818 H5 Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac: *--------------------------: MetroScan / Riverside ----------------------* Owner :Nerguizian Berj A s Deanne J Parcel :624 072 020 Site :74804 Joni Dr Palm Desert 92260 Xfered :11/01/95 Mail :79895 Ryan Way Bermuda Dunes Ca 92201 Price Use :C0B Ind,Manufacturing And Processing OwnerPh Plat :Tr 5224 MapGrid :818 H5 Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac: .52 *--------------------------: MetroScan / Riverside :----------------------------* Owner :Groeschel Charles Et Al Parcel :624 074 053 Site :74818 Velie Or Palm Desert 92260 Xfered :12/01/85 Mail :PO Box 789 Palm Springs Ca 92263 Price Use :COB Ind,Manufacturing And Processing OwnerPh Plat :Pm 21774 MapGrid :818 H5 Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac: .54 The Information Provided Is Deemed Reliable, But Is Not Guaranteed. x-________ -------- ; MetroScan / Riverside -------------------------* Owner :Lupo Elvira M/Paul M 1.ustees Paice- :624 290 009 Site :41700 Corporate Way Palm Desert 92260 Xfered :01/29/98 Mail :76636 Hollyhock Dr Palm Desert Ca 92211 Price Use :C08 Ind,Manufacturing And Processing OwnerPh Plat :Pm 17452 MapGrid :s18 HS Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac: .61 * ------------------- : MetroScan / Riverside • ---------------------------- Owner :Lupo Elvira M/Paul M Trustees Parcel :624 290 010 Site :74794 Lennon Pl Palm Desert 92260 Xfered :01/29/98 Mail :76636 Hollyhock Dr Palm Desert Ca 92211 Price Use :COB Ind,Manufacturing And Processing OwnerPh Plat :Pm 17452 - MapGrid :818 H5 Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac: .52 *------- ----—----- : MetroScan / Riverside •____________________________* Owner :Bartmasser Philip & Muriel Parcel :624 290 014 Site :74852 Lennon P1 Palm Desert 92260 Xfered :07/01/89 Mail :8913 W Olympic Blvd #202 Beverly Hills Ca 90211 Price Use :C08 Ind,Manufacturing And Processing OwnerPh :310-657-8700 Plat :Pm 17452 MapGrid :818 H5 Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac: .52 *-------------------------- : MetroScan / Riverside • ---------------------------- Owner :Valles Elizabeth L Parcel :624 290 015 Site :74866 Lennon Pl Palm Desert 92260 Xfered :04/01/90 Mail :321 Calls Neblina San Clemente Ca 92672 Price :$850, 000 Full Use :COB Ind,Manufacturing And Processing OwnerPh :949-492-3312 Plat :Pm 17452 MapGrid :818 H5 Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac: .52 * MetroScan / Riverside :---------------------------- Owner :Dodd Thomas N Parcel :624 290 016 Site :74894 Lennon P1 #A2 Palm Desert 92260 Xfered :05/01/87 Mail :4330 Highcastle Ln Santa Maria Ca 93455 Price :$1,475, 000 Full Use :C08 Ind,Manufacturing And Processing OwnerPh Plat :Pm 17452 MapGrid :818 H5 Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac:1.51 *-------------------------- : MetroScan / Riverside • ---------------------------- Owner :Palm Desert Disposal Services Inc Parcel :624 290 O1B Site :41575 Eclectic St Palm Desert 92260 Xfered :01/01/87 Mail :PO Box 1450 Chicago Il 60690 Price :$293,500 Full Use :C23 Com,Special Properties OwnerPh Plat :Pm 17452 MapGrid :818 H5 .Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac:1.16 *---------- -------: MetroScan / Riverside • ---------------------------- Owner :Palm Desert Disposal Co Inc Parcel :624 290 019 Site :*No Site Address* Xfered :03/01/87 Mail :PO Box 1450 Chicago I1 60690 Price :$582,500 Partial Use :C23 Com,Special Properties OwnerPh Plat :Pm 17452 MapGrid Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac:1.16 *------------------------- : MetroScan / Riverside :---------------------------- Owner :Palm Desert Disposal Cc Inc Parcel :624 290 020 Site :*No Site Address* Xfered :09101196 Mail :PO Box 1450 Chicago I1 60690 Price Use :C23 Com,Special Properties OwnerPh Plat :Pm 17452 MapGrid Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac:1.16 * --------—----- : MetroScan / Riverside • ----------------------------* Owner :Palm Desert Disposal Service Inc Parcel :624 290 038 Site :41575 Eclectic St Palm Desert 92260 Xfered Mail :PO Box 1450 Chicago I1 60690 Price Use :COB Ind,Manufacturing And Processing OwnerPh Plat :Pm 18831 MapGrid :818 H5 Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac:3 .20 The Information Provided Is Deemed Reliable, But Is Not Guaranteed. *-------------------------- : MetroScan / Riverside ------------------------- Owner :Hess Robert L Parc� :624 290 044 Site :74824 Lennon P1 Palm Desert 92260 Xfered :11/17/94 Mail :730 S Fawcett Ave Tacoma Wa 98402 Price :$585, 00O Partial Use :COB Ind,Manufacturing And Processing OwnerPh :253-383-2065 Plat :Pm 17452 MapGrid :818 H5 Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac:1.56 *------- ------------ : MetroScan / Riverside • ----------------------------* Owner :Palm Desert Disposal Services Inc Parcel :624 290 046 Site :41575 Eclectic St Palm Desert 92260 Xfered Mail :PO Box 1450 Chicago Il 60690 Price Use :COB Ind,Manufacturing And Processing OwnerPh Plat :Pm 20112 MapGrid :818 H5 Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac:3 .58 *---------------- MetroScan / Riverside ---------------------------* Owner :Armored Transport Inc Parcel :624 290 047 Site :74850 Avenue 42 Palm Desert 92260 Xfered Mail :3280 E Foothill Blvd #290 Pasadena Ca 91107 Price Use :COB Ind,Manufacturing And Processing OwnerPh :626-564-4284 Plat :Pm 26540 MapGrid :818 H5 Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac: .58 *-------------------------- : MetroScan / Riverside •---------------------------- Owner :Fuller Richard Trustee;Fuller Family Tru Parcel :624 290 048 Site :74894 Avenue 42 Palm Desert 92260 Xfered :02/07/96 Mail :1524 Shadow Knolls Dr El Cajon Ca 92020 Price Use :C07 Ind, Industrial Storage OwnerPh :619-440-1599 Plat :Pm 26540 MapGrid :818 H5 Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac: .56 *---------—--------------- : MetroScan / Riverside --------------------* Owner :Shepard Kirk Et Al Parcel :632 050 001 Site :75141 Mediterranean Palm Desert 92211 Xfered :12/01/89 Mail :PO Box 13183 Palm Desert Ca 92255 Price Use :COS Ind,Manufacturing And Processing OwnerPh Plat :Tr 13915 MapGrid :818 JS Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac: .34 *-------------------------- : MetroScan / Riverside • ---------------------------- Owner :Mendoza Gonzalo Parcel :632 050 004 Site :41961 Beacon H1 Palm Desert 92211 Xfered :11/01/84 Mail :373 Cypress Point Dr Palm Desert Ca 92211 Price :$70, 000 Full Use :C07 Ind, Industrial Storage OwnerPh Plat :Tr 13915 MapGrid :818 JS Bedrm: BthF3H: / / Bldg SF: YB: Pool :No Ac: .40 *-------------------------- : MetroScan / Riverside • ---------------------------- Owner :Kaplan Bruce A/Linda S Trustees Parcel :632 050 008 Site :*No Site Address* Xfered :05/14/98 Mail :PO Box 1543 Rancho Mirage Ca 92270 Price :$175, 000 Full Use :C24 Vacant,Commercial Land OwnerPh Plat :Tr 13915 MapGrid Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac: .59 *--------------------- MetroScan / Riverside -------------------* Owner :Richardson & Sons Prop Parcel :632 050 009 Site :75160 Saint Charles Pl Palm Desert 92211 Xfered :03/01/88 Mail :74320 Fred Waring Dr Palm Desert Ca 92260 Price Use :COB Ind,Manufacturing And Processing OwnerPh Plat :Tr 13915 MapGrid :818 JS Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac: .51 *------ ------------ : MetroScan / Riverside • ----------------------------* Owner :Balog Shawna M Parcel :632 050 010 Site :75150 Saint Charles Pl Palm Desert 92211 Xfered :01/30/91 Mail :4265 Marina City Dr #917 Marina Del Rey Ca 90292 Price Use :COB Ind,Manufacturing And Processing OwnerPh Plat :Tr 13915 MapGrid :818 J5 Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac: .51 The Information Provided Is Deemed Reliable, But Is Not Guaranteed. l *-------------------------- • MetroScan / Riverside -------------------------* Owner :Hunter John Jr Parca_ :632 050 011 Site :75140 Saint Charles P1 Palm Desert 92211 Xfered :01/10/91 Mail :4265 Marina City Dr #917 Marina Del Rey Ca 90292 Price Use :COS Ind,Manufacturing And Processing OwnerPh Plat :Tr 13915 MapGrid :818 J5 Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac: .49 *---------------------- MetroScan / Riverside : ---------------------------- Owner :Vanderboom Gordon Et Al Parcel :632 050 020 Site :*No Site Address* Xfered :05/01/90 Mail :PO Box 183 La Quinta Ca 92253 Price Use :C24 Vacant,Commercial Land OwnerPh Plat :Tr 13915 MapGrid Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac: .47 *-------------------------- : MetroScan / Riverside • ----------------------------* Owner :Harvest Creative Services Inc Parcel :632 050 023 Site :75130 Mediterranean Palm Desert 92211 Xfered :09/17/93 Mail :75130 Mediterranean Palm Desert Ca 92211 Price :$700,000 Full Use :COB Ind,Manufacturing And Processing OwnerPh Plat :Tr 13915 MapGrid :818 J5 Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac: .67 *--------—---------—----- : MetroScan / Riverside : ---------------------------- Owner :Sandifer Robert L Parcel :632 050 024 Site :75181 Mediterranean Palm Desert 92211 Xfered :04/01/87 Mail :PO Box 12860 Palm Desert Ca 92255 Price :$585,000 Full Use :C07 Ind, Industrial Storage OwnerPh Plat :Tr 13915 MapGrid :816 J5 Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac: .83 *----------------------- MetroScan / Riverside : ---------------------------- Owner :Coker Partners Parcel :632 050 026 Site :75145 Saint Charles P1 Palm Desert 92211 Xfered :05/30/97 Mail :75145 Saint Charles Pl Palm Desert Ca 92211 Price Use :COS Ind,Manufacturing And Processing OwnerPh Plat :Tr 13915 MapGrid :818 J5 Bedrm: BthF3H: / / Bldg SF: YB: Pool :No Ac: .95 *----------------------- MetroScan / Riverside : ---------------------------- Owner :Melin Parcel :632 050 027 Site :75110 Saint Charles P1 Palm Desert 92211 Xfered :07/01/96 Mail :44489 Town Center Way #D511 Palm Desert Ca 92260 Price Use :C05 Off,General Office Buildings OwnerPh Plat ' :Pm 23506 MapGrid :818 J5 Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac:1.08 *------ MetroScan / Riverside ------------------------* Owner :Drummon Betty Parcel :632 060 007 Site :75101 Mediterranean Palm Desert 92211 Xfered :03/01/88 Mail :72685 Bel Air Rd Palm Desert Ca 92260 Price :$380, 000 Partial Use :COS Ind,Manufacturing And Processing OwnerPh Plat :Tr 13915 MapGrid :818 J5 Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac: .34 *-------------------------- : MetroScan / Riverside . ----------------------------* Owner :Shepard Kirk Et Al Parcel :632 060 008 Site :*No Site Address* Xfered : 12/01/89 Mail :PO Box 13183 Palm Desert Ca 92255 Price Use :C0S Ind,Manufacturing And Processing OwnerPh Plat :Tr 13915 MapGrid Bedrm: BthF3H: / / Bldg SF: YB: Pool:No AC: .34 *----------------- MetroScan / Riverside • ---------------------------- Owner :Anderson Stephen W & Jean Demier Parcel :632 060 012 Site :75071 Saint Charles P1 Palm Desert 92211 Xfered :04/01/96 Mail :44276 Indian Canyon Ln Palm Desert Ca 92260 Price Use :COB Ind,Manufacturing And Processing OwnerPh Plat :Tr 13915 MapGrid :818 J5 Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac: .47 The Information Provided Is Deemed Reliable, But Is Not Guaranteed. *-------------------——--- : MetroScan / Riverside -------------------------* Owner :Anderson Stephen W & �_-n Demier ParCG. :632 060 013 Site :*No Site Address* Xfered :04/01/96 Mail :44276 Indian Canyon Ln Palm Desert Ca 92260 Price Use :C24 Vacant,Commercial Land OwnerPh Plat :Tr 13915 MapGrid Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac: .47 *-------------------------- : MetroScan / Riverside • ----------------------------* Owner :Industrial Investors Llc Parcel :632 060 026 Site :75061 Mediterranean Palm Desert 92211 Xfered :01/25/96 Mail :PO Box 943 Montrose Ca 91021 Price Use :COB Ind,Manufacturing And Processing OwnerPh Plat :Tr 13915 MapGrid :818 J5 Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac: .39 *---------------------— MetroScan / Riverside . ----------------------------* Owner :Doms Eugene E Parcel :632 060 027 Site :75081 Mediterranean Palm Desert 92211 Xfered :06/01/83 Mail :PO Box 1659 San Juan Capistrano Ca 92693 Price :$52, 000 Full Use :CO1 Com,Commercial Stores OwnerPh Plat :Tr 13915 MapGrid :818 J5 Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac: .34 *-----------—------—----- : MetroScan / Riverside --------* Owner :St Charles Partnership Parcel :632 060 029 Site :75091 Saint Charles P1 Palm Desert 92211 Xfered :03/01/89 Mail :PO Box 2266 Gresham Or 97030 Price Use :COB Ind,Manufacturing And Processing OwnerPh Plat :Tr 13915 MapGrid :818 J5 Bedrm: BthF3H: / / Bldg SF: YB: Pool :No Ac:1.04 *------------------------ MetroScan / Riverside ------------------------* Owner :Myers Investments Company Parcel :632 060 030 Site :41910 Boardwalk Palm Desert 92211 Xfered :03/03/94 Mail :136 S Orange St Glendale Ca 91204 Price :$660, 000 Full Use :COB Ind,Manufacturing And Processing OwnerPh :818-246-2523 Plat :Tr 13915 MapGrid :818 J5 Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac:2.54 The Information Provided Is Deemed Reliable, But Is Not Guaranteed. i *--------------------------- MetroScan / Riverside -------------------------* • Owner :Anderson Stephen W & _.n Demier Parc�. :632 060 034 Site :75100 Mediterranean Palm Desert 92211 Xfered :04/01/96 Mail :44276 Indian Canyon Ln Palm Desert Ca 92260 Price Use :C05 Off,General office Buildings OwnerPh Plat :Tr 13915 MapGrid :818 J5 Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac: .66 *---------`---------------- : MetroScan /' Riverside • ----------------------------* Owner :Jackson Delmas Et Al Parcel :634 220 002 Site :75101 Sego Ln #J1 Palm Desert 92211 Xfered :02/01/94 Mail :PO Box 13450 Palm Desert Ca 92255 Price Use :C07 Ind, Industrial Storage OwnerPh Plat :Pm 27463 MapGrid :818 J6 Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac:l.11 *-------------------------- : MetroScan / Riverside ---------------------------* Owner :Jackson Delmas Et Al Parcel :634 220 003 Site :42240 Green Way Palm Desert 92211 Xfered :02/01/94 Mail :PO Box 13450 Palm Desert Ca 92255 Price Use :COB Ind,Manufacturing And Processing OwnerPh Plat :Pm 18142 MapGrid :818 J5 Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac: .94 *---—--------—------— MetroScan / Riverside ---------------------------* Owner :Southern California Gas Cc Parcel :634 220 004 Site : *No Site Address* Xfered Mail :3700 Central Ave Riverside Ca 92506 Price Use :C24 Vacant,Commercial Land OwnerPh Plat :Pm 18142 MapGrid Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac:4.20 *---—------------------ MetroScan / Riverside ------------------------* Owner :Ind Invrs Llc Parcel :634 220 005 Site :43220 Greenway Palm Desert 92211 Xfered :01/25/96 Mail :PO Box 943 Montrose Ca 91021 Price Use :COB Ind,Manufacturing And Processing OwnerPh Plat :Pm 18142 MapGrid :818 J5 Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac: .94 *-------------------------- : MetroScan / Riverside : ---------------------------- Owner :Green Robert L Trustee Parcel :634 220 007 Site :75080 Mayfair Dr Palm Desert 92211 Xfered :06/14/96 Mail :920 Emerald Bay Laguna Beach Ca 92651 Price Use :COB Ind,Manufacturing And Processing OwnerPh :949-376-7597 Plat :Pm 22570 MapGrid Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac: .68 *-------------------------- : MetroScan / Riverside ------------------------* Owner :Lakeside Properties Inc Parcel :634 220 008 Site :75060 Mayfair Dr Palm Desert 92211 Xfered Mail :920 Emerald Bay Laguna Beach Ca 92651 Price Use ':COB Ind,Manufacturing And Processing OwnerPh Plat :Pm 22570 MapGrid Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac: .67 *—------------------------ : MetroScan / Riverside ---------------------* Owner :Lakeside Properties Inc Parcel :634 220 009 Site :75060 Mayfair Dr Palm Desert 92211 Xfered Mail :920 Emerald Bay Laguna Beach Ca 92651 Price Use :C22 Com,Miscellaneous Structures OwnerPh Plat :Pm 22570 MapGrid Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac: .33 *--------------—----- MetroScan / Riverside ----------* Owner :L Africain George E/Lena A Trustees Et Al Parcel :634 230 001 Site :*No Site Address* Xfered :07/10/91 Mail :420 Holmwood Dr Newport Beach Ca 92663 Price :$133,000 Full Use :C24 Vacant,Commercial Land OwnerPh Plat :Tr 13236 MapGrid Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac: .33 The Information Provided is Deemed Reliable, But Is Not Guaranteed. *= MetroScan / Riverside ------------------------- Owner :L Africain George E/Le— A Trustees Et Al Parce_, :634 230 002 Site :*No Site Address* Xfered :07/10/91 Mail :420 Holmwood Dr Newport Beach Ca 92663 Price :$133, 000 Full Use :C24 Vacant,Commercial Land OwnerPh Plat :Tr 13236 MapGrid Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac: .33 *------------------------ MetroScan / Riverside :---------------------------- Owner :L Africain George E/Lena A Trustees Et Al Parcel :634 230 003 Site :*No Site Address* Xfered :07/10/91 Mail :420 Holmwood Dr Newport Beach Ca 92663 Price :$133, 000 Full Use :C24 Vacant,Commercial Land ownerPh Plat :Tr 13236 MapGrid Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac: .33 *-----------------------— MetroScan / Riverside : ---------------------------- Owner :L Africain George E/Lena A Trustees Et Al Parcel :634 230 004 Site :*No Site Address* Xfered :07/10/91 Mail :420 Holmwood Dr Newport Beach Ca 92663 Price :$133,000 Full Use :C24 Vacant,Commercial Land OwnerPh Plat :Tr 13236 MapGrid Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac: .33 *-------------------------- : MetroScan / Riverside . ---------------------------- Owner :Jackson Delmas Et Al Parcel :634 230 005 Site :*No Site Address* Xfered :03/01/94 Mail :PO Box 13450 Palm Desert Ca 92255 Price Use :C24 Vacant,Commercial Land OwnerPh Plat :Pm 27463 MapGrid Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac: .12 *—------------------------ : MetroScan / Riverside : ---------------------------- Owner :Jackson Delmas Et Al Parcel :634 230 007 Site :75161 Sego Ln Palm Desert 92211 Xfered :02/01/94 Mail :PO Box 13450 Palm Desert Ca 92255 Price Use :C08 Ind,Manufacturing And Processing OwnerPh Plat :Pm 27463 MapGrid :818 J6 Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac:2.75 *-------------------------- ; MetroScan / Riverside • ---------------------------- Owner :Jackson Delmas Et Al Parcel :634 230 006 Site :42201 Beacon Hl Palm Desert 92211 Xfered :02/01/94 Mail :PO Box 13450 Palm Desert Ca 92255 Price Use :C08 Ind,Manufacturing And Processing OwnerPh Plat :Tr 13236 MapGrid :818 J5 Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac: . 96 * -------------- : MetroScan / Riverside ; ---------------------------- Owner :Industrial Investors Parcel :634 230 009 Site :42161 Beacon H1 Palm Desert 92211 Xfered :01/25/96 Mail :PO Box 943 Montrose Ca 91021 Price Use :C08 Ind,Manufacturing And Processing OwnerPh Plat :Tr 13236 MapGrid :818 JS Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac: .32 *-- MetroScan / Riverside '---------------------------- Owner :Shepard Kirk Et Al Parcel :634 230 010 Site :42121 Beacon Hl Palm Desert 92211 Xfered :12/01/89 Mail :PO Box 13183 Palm Desert Ca 92255 Price Use :C08 Ind,Manufacturing And Processing OwnerPh Plat :Tr 13236 MapGrid :818 JS Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac: .32 *-------------------------- ; MetroScan / Riverside • ---------------------------- Owner :Hill William E/Constance Elaine Trustees Parcel :634 230 011 Site :42081 Beacon H1 Palm Desert 92211 Xfered :10/18/96 Mail :42081 Beacon H1 Palm Desert Ca 92211 Price :$375, 000 Use :C08 Ind,Manufacturing And Processing OwnerPh Plat :Tr 13236 MapGrid :818 J5 Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac: .32 The Information Provided Is Deemed Reliable, But Is Not Guaranteed. 1 .*__________________________ : MetroScan / Riverside ------------------------- Owner :Casarrubias Isaac Parce ' :634 230 012 Site :*No Site Address* Xfered :03/01/89 Mail :74869 Joni Dr #B Palm Desert Ca 92260 Price Use :C24 Vacant,Commercial Land OwnerPh Plat :Tr 13236 MapGrid Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac: .40 *-------------------------- ' MetroScan / Riverside • ----------------------------* Owner :Green Robert L Trustee;Green Jon T Trust Parcel :634 230 013 Site :75100 Mayfair Dr Palm Desert 92211 Xfered :06/14/96 Mail :920 Emerald Bay Laguna Beach Ca 92651 Price ,Use :COB Ind,Manufacturing And Processing OwlierPh :949-376-7597 Plat :Pm 22570 MapGrid Bedrm: . BthF3H: / / Bldg SF: YB: Pool:No Ac: .65 *-------------------------- : MetroScan / Riverside • ----------------------------* Owner :Shepard Kirk Et Al Parcel :634 230 014 Site :42080 State St Palm Desert 92211 Xfered :12/01/89 Mail :PO Box 13183 Palm Desert Ca 92255 Price Use :COB Ind,Manufacturing And Processing OwnerPh Plat :Tr 13236 MapGrid :818 JS Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac: .32 *------------------------- MetroScan / Riverside .-_----_______----_----_----_* Owner :Bernardi Adelbert L Parcel :634 230 015 Site :42120 State St Palm Desert 92211 Xfered :02/06/97 Mail :42120 State St Palm Desert Ca 92211 Price :$325,000 Full Use :COB Ind,Manufacturing And Processing OwnerPh Plat :Tr 13236 MapGrid :818 J5 Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac: .32 *----------------------- MetroScan / Riverside --------------------------* Owner :Brown Donald A & Mary A Parcel :634 230 016 Site :42160 State St Palm Desert 92211 Xfered :09/01/93 Mail :4 Inverness Dr Rancho Mirage Ca 92270 Price Use :COB Ind,Manufacturing And Processing OwnerPh :760-324-3706 Plat :Tr 13236 MapGrid :818 J5 Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac: .32 *------------------------- MetroScan / Riverside --------------------------* Owner :Jackson Delmas Et Al Parcel :634 230 017 Site :42200 State St Palm Desert 92211 Xfered :02/01/94 Mail :PO Box 13450 Palm Desert Ca 92255 Price Use :C0B Ind,Manufacturing And Processing OwnerPh Plat :Tr 13236 MapGrid :818 JS Bedrm: BthF3H: / / Bldg SF: YB: Pool:No Ac: .96 The Information Provided Is Deemed Reliable, But Is Not Guaranteed. i J MENT --uRPt75ES ONLY t-,Utfr. .Y& 114.. 51: CG. J j /. �D I i. b&. 0/8-/O.3 POR- C/TY OF PALM DESERT 0/8-//3 SHEET / OF 2 0/8-//4 44 o/e-/27 N_8946'/7 E HOVLEY - -�- LN.- .� + /p•�s� s ¢ 225./3 /r 0 229_r�CG 224.69 s 3A,¢A� '�39.i,t 229_00 �� �• 443_65 P.rCI3o//t J, � Par 24 a P7 r EX \ Par 39. \ 0.64 AC.\ O 0� ti Per ; h m 200.00 C Par Par Par ® 2 b 3.61 AC. 1.20 AC. N ®Par Z5 M \ 0 6 10 .5 \ 4 229Ac-+ N p (� ^1 25o.oa 0 a 36 (7 056AC ti Pac A 2.10 AC. oA 2./O 4C. A 2./OAC. - N / N I \ 0 - - -- 2an.ae 3 $ - g EX p `� O 0 7_R.A. 018-//J r CM �^, /.09l+C. O ^ O Ex O O p 3 p ¢93 6/ /•_ A O C T.JQA.0/0-114 P.ALSO/to - 2D0 i/ AC. c.n 2�0.00 22R oo ri \ r 229 00 250.oo `� 0 O et W /35.50 //g.50 'r •' //¢.;0 /�9.00 _7 30-o.o 0 v', 0 O o /O .' � .I /4 O °e /g 0 0 � Par 3 � TR2/i9J zoo.00 iI O 41 2.80 AC, Nl• N R q Par 9 0 Por./O Par.» Pore Poi/3 Par,/4 Par. 15 Por /6 Q Par ZB 00 �O 6i AC N a5.?AC. 1 1.56 Ac' 0.?2AC 6.684C. coy /.5/ AC. \ ~ 14' O �39.39 �3_2¢ -P, ^ sr93.o0 0 0 0564C n /AA-36 !/¢50 .. //¢,?ap /49.00 T.R.A. O/9-043 L ENNON ,,, 9 9-47'2-E -� P.M.112/72 PL. 06 Par.29 R' 7¢9a7 7s /7¢.B2 /7o.BM MIS. 3/r.93 -'s Par. / 2�26 t. ' 1 ' - - - t0 Par 20 Poi /9 Por.18 Q ti h 7 38 AC.Nt. ®Por 30 p C 307.Oa 0 n /.68Ac o 0 /-16 Or- a LIS AC. � /,6 AC. � p � b Per PAR.1 is PAR,2 o,� 0 o ® e THIS MAP / Por.3! a �i O :�a J.POAc.Nf. t b - ASSESSMENT Pt � � /��75 /�� 75 e I� a o ,• - _ �5BAc- Pu Q ^i Par 3 M ss '\ Par 32^� 1 th � ti V o �0.56Ac Q © ch © ., /✓B9 47�2oE. N 58tr-PAR4 Por. Z/ A Por. 22 Por23 a 3Z7.00 Q ��33-547 n� P,vM7169 rassr /sr.c7• V Q o moo-oc ti /-/6 4C. /16 4C /16 AC. �' /zo.of Ms.29 O X O ty Q (� -qez./ ,y Por. / Par.2 V o v Per 33 o W ' K Per 34 p y h ,-� 39 a, PAR.3 42 0.89AC. ° Q 408 ^ 5 z7 n 0.64 AC. H o 6 Z s 9' Li � Q 58AaM: 0.564crYl Z�- t' O 504OG ` /67.a9• hVk.for Zt� 45 3_06 _ _ 9 /O `T- E A L//�!/TS c P.,4•/M2 72 P.Y.BO/t0 LOT A �.''• , ' •� _..._.. Pu. Iso/rt ',� Loi• R C/TY.. OF PAL/1/ D SERT �� ..._ .._.. --.••.-- • ..-. ...'-.42 NDAVE. •.•- /6,/J� Q T- CAI 0^ ON U N Q 7 ®sc's' D 2, •- i y k �S SS 44 ! a m /O ► 9 b c/ b^ cd6 tom- `� �; 2 PAR. / a J tN O h 4Nf ti cp ao g .ri.� � �yz.� h. A 1�• � �s � 2rzo2 � p - + a • \ ,��.•�z�e Lot 0 Jzrm AM? 43 Ln •.1. .' - Y.•.! -� QI /.:4 a\l /J / /J� 16 t� �17" '8� /9 CIO �0 H 121 •� j , -1 t 27Ac . . 0 12 ;ct 44 44�. 2 ao O N 072 Q 97 f 97 3 � st W s�4 ti N - � • � � 30Ac 9.77Ac 'A) ;O �. /6 /© �! !2 // ' 07.3 N L A.. icz st7- V 30 Q 29Jo28�r j�27U4 �6 25 24 •23� PAR. / � �'!�� - - �� 32 ••. w 7r-S i's�s .. C. C' . - - __ 1'32a� •� Q- - - � - +mayy 1 :� r • of E 5ZI775 War t 7�{3-3� 34;h 35 G".�7 381 39 lr 40 4/ S r _ 2/ • r -�- j= 205Ac Nt, Try-:24 l5�Gt" JS 44 ' S.Tc� 2/7 .w�sr0 Cd2.0 -_ - •/.6S•1C Gov t `n9 " -°'- - - - - - 1- - - ..• - - `- -- Lot B $ � , aTE t�•u NO th__ � M - - a;6r ;.r•- s 2- / I /4 /5 ,/ss r•.23i sr, DATA:J2/775///b7 MB 88/// - /2 Troc1 No. 5224 PM-- 122124 - 26 . Porce! No. /8924 C.M.49//-42//4485-//-84 7-g71072_F a fc` ASSESSORS MAP BK624 PG.07 PM. /221 27 - 29 It /8925CM 46/228-23/ 150092 7111184 _ RIVERSIDE COUNTY CAL IF P.M_ /28/73-74 /9954 C_M.53//3/-/39 080277 4117185 PM /4�/.92-9 3 rM . u 9177rt1r`A,( 4' ��z_c c C e 51 " O •0 ZZB t: S5 Ot t: /37.93 a, b 27 O, ` 1W � Q J 1• .. p I N 0L 56 AC. 25 50 60 0 2 35 4c.r �� 0.57Ac.M O • I , `� y yy� 299 to I S N ''4 ..r 04 P ea V r r• 4 \ ' 28 \ It O o 29 j \ \ 0 47Ac.Nf. ,� 30 \ \\ E 31 to 92 1.04Ac� t \ \ 2 35Ac. •` \ 4__ C> PorLGrA N 40 _ /Oft \ ,\ ` o ��J 2,63 Ac.' L 3/Ac.Nf' X /01 W ; J 270 AACT l lsZb•7o t. .7o J / vs : Alul 7. : d 6\ - h _ . tit 37 Ile 033Ac- 033&..A F / _w •� l / DIY \ too i_:.: � , r h =y ti Y". 4 . a rz ICJ 4 (y9 35 lov - �, - • / 27 \0.39 Ac. 0.54Ac.�• 034Ar� 034Ac.Nf \ , /Q � - •-_ _icZ I►/J9/J 4 •.,0/3 - I ,:moo ,t -. FF R -�•/ Par '/ par 2 Por 3 Plat 4 1• ��• P/ 20 • A I 9.33 O.67Ac 0. Ac O.63 Ac ' ® 033AcM. 0 a 040Ac/r% �� ` a �•�� ,�,.. �5 � �y.0 , � � �.1�d� � �,IgD � � 4 A A Q! 4ciZ � � r '�PM/4d/dP � 19 �( +�' • X�e1 u eel. .t�4t- TRA O/s-/ s /!i . 04 `•ral3 /9 v/may - OMA OR 1i! ' a Al d"Y'47'Sr'E I v PA(�Clii1'1♦ ' of /H_1I ds1113 t•75 �y.Js /20 2 • 40 3 ; 39 1 032AG 032.4cW F I O•.9<3fol ( � 242AaM ,��.�,�.D `.z �+'�•oo A2•oSf i /HS l.f•ca " a I 30 39 � /7 � •` IT PAI /00 3®M, O32Ac_M! 033Ar-M \ 106 N c 0 94Wc JW B.E. /49-33-56 1Z' �1.67 ��• �Z� � rsA o/s•oso rI I I r)VA o;s-oso c 3/ W n►A o/e-/o5 h c' c 38 /6 :. o h s i ' Z O. Ac./V>' 0.32Ac N/ o I 7'^ rl�A o/ -aso Pu A ,[ h y 'T Z (O� "(Z' .�,...10 V1 T __ 0.66AC.NT. _$ i ,.A.-.. _ lk ^F 'sm "'. '� 'xS fin?'' /,/V/• N ( rMA o/s - /ate• w y, O t .A14 O.96Ac Q c f e -- - - - - rsA O/e_/as 4 Z I LOT B �° '� 2 •. t n 33 36 ►AA as-//5 /4 • u 40 �J � : 33 'J 3 I $ •Y �.�,.� rRA ;ore-/oa 3^r./s: 2=14 t.vs i• � o t //Q. B6 L7S.rt P.AL A�9 t_j3. 7 c•�.rf t A rwA o/s-owo 1 --- --- f o A r e , �+ ` *+ + N A9°4'7'S/•6 LANE- � 13v,p; DATE OLO Ne.MEwAh IM \� R°�" •1°° +ye ° ( J/d! z/,zz 44 � ems.an .. !DT F ��n».ems i 2 I 23,24 + too loe • ws. y� / I1-fete •1.11�!IQIy}�' TRA ! O/d-/Oe' ! i3j �!3 ' b 'rft3 S/iaZ � 21z� - ! aves 2-/3 45 . .. 2.24+AC. I 4 �I 5 6 �I 7 �) B 9 NI /O ! /2 _ N,/a 4s -- I ///de !. 47 I - /r s 43 o FI FIB -I t A rI1 OiI I "= I I 44 42 __PALM .. i, 40 �+!'IRT - •�3-.OTY ! /ee �t.LMl17S do lr-s! Pw./JO/60 es Ike rA!atls 1 t/Id 49 JI-17 33 5.S9 ' /32 zit /32' 245 - s ,+ M O b 5 a 6 � s - ,_!� 0.52.4cM: \ 0.52Ac/Vi 7�Lzc7 4 2 Oil 0 9 /0 /.' /00' N O O m 4 4 �, 7 2.24Ac M' N O 0.87 Ac./✓f, N 0.27AcM. `► 0 0.27 Ac Nf J ~ 1 V 7 \ (� ¢L 0.8 AcNt. /.89AcNf. M 4.z. 1 '73' 4-1 �A/�Cy p 8 O ; \ �A g 8 a 0.36,4c.Nf. 036ACAT \ _ s- ----- N 89045 2/"E � PM 4J/A pot. NW 114 SEC. /5 T. 5 S. iR.6 E. - J p TRA O/B-/60 /lS./$- �' LOT rNA ae-/e/ O 1 , TRA O/B- /BO THIS MAP /S FOR rat.re' _.l /7s• \ \ tiN n° S : • O/B- /B/ z 4� h hpy •36, L. ASSESSAl PURPOSES ONLY. 0.55 0 ` • h1 AC.NT. 26 , 2 i `. O h N /.20 AC.NT. a` 200. Q 2 q C\ i98.84' 24 s 44• / /00' W .sa' /so - - -/.22 Ac.N/. v 0.5/ AC.NT. F M I74143 h •I par 2 m Pot 3 1 , ; ' /se.Js' �C < t' 69D4 �l/ 23 .47 1r� 4 4O Pot Por/ Ill de.39 Q o \ N o �, 0.50 AC.N7. O3 200. 7 BS' n O h a PA/l74/43 /g 22 5 /5 4 i01ERS/DE COL 0.5/ AC.NT. N N I` �^ /.00 A .NT. 102 - - - 4./5 AC.NT15 CIS ' a mdoll _ /./5 Ac.f1t.16 Q f - .h C� 0.66 AC.NT. N 33 33 N 20 • 2/ ►°. 0.55 AC.NT. �� tss.es' 75.3t' �y. �' /65.eT' r74.!!' P. M./49/57-M Porce/ Mop . t-I&AS' I•,,,,,/- N89°46'28'E �`e 7 P.M. /74/43-44 Porcel Mop Nay - 5A 0.55 Ac.NT. / LOT 8 ar£ OLD Ak Ss /2G. i2o. i2o. ' /t0. .e4 /so./ 9/ee 3,4 lam' a 6/9l /s�-5,6 sue. Ls em 1= 14 /3 /2 // /0 g N 8 I`1`2 Q O 3i92 14/.l0 4/9J /-AS,/! R= i 0.95 AC.NT. � ) 050 AC-NT. 0.50 AC.NT. 10.50 AC.MT. V J0.50 AC NT. ) 0.54 AC.,VT 0.95 AC.NT. ' of TO 442./8' 'Zo., /to. /to. ASSESSORS MAP BK 634 P6.14 ��