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HomeMy WebLinkAboutRes No 1911PLANNING 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 (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 ATTEST: PHILIP DRELL, Sfcretary Palm Desert Planking Commission 4 ),-7-7 -e SONIA M. CAMPBELL, Chairperson 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 Iocational 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. 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 Tess 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