HomeMy WebLinkAboutCode Amendment 85-20 - Ordinance 2839 - Amend Article 975 De REQUE� a F®.R CITY COU C '.` CTIOi V
I
Date May 5 , 1986
Submitted to: Honorable Mayor and City Council
Submitted by: Charles W. Thompson, City Administra �_
Prepared by: James W. Palin, Director, Development �' `�iice G t�
Subject: CODE AMENDMENT NO. 85-20 (ADULT BUSI S
Consistent with Council Policy? b4f Yes [ l New Policy or Exception C)
Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments:
STATEMENT OF ISSUE:
On April 21 , 1986 , the City Council held a public hearing on Code
Amendment No. 85-20 (Article 975, Adult Businesses ) and directed
that staff modify the proposed amendment to delete the requirement
for discontinuation of non-conforming businesses . That amendment is
transmitted herewith .
RECOMMENDATION:
Staff recommends that the City Council approve Negative Declaration
No . 85-62 and approve Code Amendment No. 85-20 for introduction with
the deletion of Sections 9754 and 9754 .1 pertaining to
non-conforming adult businesses .
ANALYSIS:
The proposed code amendment as submitted on April 21 , 1986 , retained
provisions for discontinuation of non-conforming adult businesses
and instead only made minor wording changes in Sections 9750 , 9752
and 9753 for purposes of clarification. At the Council 's direction,
however , Sections 9754 and 9754. 1 pertaining to discontinuation of
non-conforming adult businesses have been deleted . This will allow
eight non-conforming massage parlors to remain at their present
locations as legal non-conforming uses without need for conditional
use permits . Those businesses will also be allowed to be
transferred to other owners or operators without such entitlement as
long as they remain in their present locations and do not sit vacant
for longer than six months . The locational criteria for new or
relocated businesses are retained without change .
The proposed code amendment continues to include the minor
"clean-up" items submitted previously. Specifically, the word
"entertainment" is deleted everywhere it appears in order to avoid
confusion with other Division 9 regulations pertaining to "dancing
and live entertainment . " The other changes are indicated in the
attached legislative draft with deletions cross-hatched and
additions underlined .
n �
s W
Plo 4/84
Apart from the subject code amendment, the City Council also asked
staff to research the use of testing of massage parlor applicants by
other jurisdictions and whether or not locational criteria are
utilized . Staff is still researching this issue and will have the
information for the City Council at the May 5., 1986 meeting.
ENVIRONMENTAL STATUS:
Negative Declaration No . 85-62 was advertised for a 10-day period
which expired on April 20, 1986 and no comments, either verbal or
written, were received.
FUNDING SOURCE:
Not applicable.
ALTERNATIVE ACTION:
The City Council may reinstate the requirement for amortization of
non-conforming adult businesses.
ATTACHMENTS:
1 . Ordinance for Code Amendment No . 85-20 ( Legislative Draft and
Ordinance)
2. Request for Council Action dated April 7 , 1986
JWP: HS:kla
RCA - 5/5/86 -2- ( 4767d )
CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMU ION
HUNTWGT014 6EACH
To Charles W. Thompson James W. Palin, Director
City Administrator Development Services
Subject CODE AMENDMENT NO. 85-20 Date May 5, 1986
(ADULT BUSINESSES)
Code Amendment No. 85-20 (Adult Businesses ) is presently intended to
delete the requirement that non-conforming adult businesses be
relocated or close business. This will allow eight non-conforming
massage parlors to remain at their present locations as legal
non-conforming uses without need for conditional use permits . Those
businesses will also be allowed to be transferred to other owners or
operators without such entitlement as long as they remain in their
present locations and do not sit vacant for longer than six months .
It has recently come to our attention, however, that the City Council
would like to consider an option to allow the non-conforming
businesses to remain only as long as they remain under their present
ownership. Any change in ownership would then require that the
businesses be brought into full compliance with the provisions of
Article 975 . Although the City Attorney will need to address the
legality of this action, staff would propose that Section 9754
NON-CONFORMING ADULT BUSINESSES be reinstated into the ordinance
with the following new wording as underlined:
S. 9754 NONCONFORMING ADULT ENTERTAINMENT BUSINESSES. Those
adult businesses which were lawfully in existence on the effe t ve
date of this ordinance ( 1986) shall be exempt from the
limitation on location as defined in Section 9753 of this article
and shall be allowed to remain as legal non-conforming uses so long
as they remain under their present ownership. Those legal
non-conforming businesses allowed to remain by t is section shall
lose their herein granted legal non-conforming status and s all be
discontinued or brought to full compliance with the provisions of
this article upon any transfer of ownership.
JWP:HS:kla
(5069d)
REQUE > FOR CITY COUNCIL ACTION
Date April 21 , 1986
Submitted to: Honorable Mayor and City Council
Submitted by: Charles W. Thompson, City Administr
Prepared by: James W. Palin, Director of Development Services
Subject: CODE AMENDMENT NO. 85-20 (ADULT BUSINESS)
Consistent with Council Policy? [, Yes [ ] New Policy or Exception
Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments:
STATEMENT OF ISSUE:
On April 7, 1986, the City Council held a study session on Code
Amendment No. 85-20 and then scheduled it for public hearing on
April 21 , 1986. The proposed code amendment constitutes a minor
"clean-up" of the adult entertainment ordinance by deleting the word
"entertainment" where it appears in the text, and other minor
changes for purposes of clarification . The existing ordinance
requirements for locational criteria and amortization of
non-conforming businesses are retained without change . Adoption of
the proposed code amendment will confirm the City's intent to
amortize non-conforming adult businesses.
RECOMMENDATION:
Staff recommends that the City Council approve Negative Declaration
No. 85-62 and approve Code Amendment No. 85-20 for introduction.
ANALYSIS:
Article 975 was adopted by the City Council in 1981 . The ordinance
included locational criteria and an amortization schedule which
required that adult businesses rendered non-conforming by the
criteria either relocate or close business by December 2, 1984 .
In August 1984, a non-conforming massage parlor filed a conditional
use permit to relocate to a shopping center which met the locational
criteria of Article 975 . After considerable public opposition to
the application, the request was denied in November 1984 . As a
result of concerns raised about the relocation attempt , the City
Council directed staff to analyze the possibility of
"grandfathering" some of the non-conforming businesses in order to
preclude future attempts to relocate into neighborhood shopping
centers. The Council also extended the amortization deadline .
PIO 4/84
In 1985, staff proposed a code amendment which would define
"Family-Oriented" centers, establish non-transferable conditional
use permits, and exempt the five non-conforming massage parlors
along Beach Boulevard from the locational criteria . Those
businesses along Beach Boulevard were selected for exemption because
the area was not considered to be family-oriented in nature . This
proposal met opposition from both the local massage parlor owners
and the City Attorney. The massage parlor owners argued that it was
discriminatory and that all nine non-conforming massage parlors
should be exempted . The City Attorney indicated that the proposed
exemptions constituted a use variance which would be prohibited by
State law. On July 15, 1985, the City Council continued the code
amendment so that staff and the City Attorney could reach agreement
on the recommendation.
On October 21 , 1985, staff resubmitted the code amendment after
deleting the exemption for non-conforming businesses as well as the
definition of "family-oriented" . The exemptions were deleted
because staff could not arrive at a workable method of such
exemptions short of "grandfathering" all of the non-conforming
businesses . The "family-oriented" deTinition was dropped because
staff decided that it was a nebulous concept which would best be
determined on a case-by-case basis . The code amendment as submitted
in October 1985 only retained the provision for non-transferability
of conditional use permits, as well as a number of minor "cleanup"
items such as deletion of the word "entertainment" from the
ordinance.
On November 4, 1985, the City Council denied the code amendment
after voicing concerns regarding the legality of amortization, the
provision of adequate relocation areas in the City, and whether or
not other cities utilize non-transferable conditional use permits .
The City Council then extended the amortization period to June 4,
1986, and directed staff to schedule a study-session on the
ordinance later in 1986 .
Staff held a study-session with the City Council on April 7 , 1986 . .
At that study session, the City Attorney discussed recent court
cases which have substantially strengthened the City's arguement
that adult businesses may be amortized . Staff also reviewed
approximately 50 locations in the City which meet the locational
criteria, 19 of which contain a total of approximately 500,000
square feet of potentially leasable building area . These locations,
particularly in light of the recent City of Renton vs. Playtime
Theaters, Inc. court case, constitute adequate opportunities for
amortized businesses to attempt to lease and relocate to .
Lastly, staff informed the City Council that non-transferability of
conditional use permits are a moot point in regard to the adult
business code amendment since the recent code amendments from the
Division 9 re-write have incorporated all of the non-transferability
provisions originally proposed as a part of Code Amendment No.
85-20. Adult businesses have been made subject to non-transferable
RCA - 4/21/86 -2- (4629d )
conditional use permits , as were fortune-telling and adult and teen
dancing and/or live entertainment, pursuant to Code Amendment No .
86-8 approved by the City Council on April 7, 1986 . As a result,
the non-transferability provisions have now been deleted from Code
Amendment No . 85-20 .
In summary, Code Amendment No . 85-20 now only proposes minor
"clean-up" changes to Article 975. Specifically, the word
"entertainment" is deleted from every place it occurs in the text in
order to prevent confusion with other Division 9 regulations
pertaining to "Dancing and Live Entertainment" . Additionally, the
code amendment modifies wording in Sections 9750 (Purpose ) , 9752
(Definitions ) and 9753 (Limitations on Location) for purposes of
clarification.
Staff and the City Attorney are in agreement that Article 975 is
legally defensible in its present form and should be retained with
only the minor "cleanup" changes listed above . The amortization
period is scheduled to expire on June 4 , 1986 , and staff is prepared
to initiate enforcement of the requirement for relocation or closure
of non-conforming businesses .
ENVIRONMENTAL STATUS:
Negative Declaration No . 85-62 was advertised for a 10-day period
which expired on October 211 1985, and no comments , either verbal or
written, were received. The negative declaration has also been
readvertised with the same number for another 10-day period to
expire on April 20, 1986.
FUNDING SOURCE•
Not applicable.
ALTERNATIVE ACTION:
The City Council may either delete the requirement for amortization
of non-conforming adult businesses or extend the June 4, 1986
deadline for amortization to a later date.
ATTACHMENTS:
I . Ordinance for Code Amendment No . 85-20
2. Request for Council Action dated April 7, 1986
3. City Council Minutes dated November 4 , 1985
4 . City Council Minutes dated October 21 , 198.6
5. Request for Council Action dated October 21 , 198S
JWP:HS:kla
RCA - 4/21/86 -3- (4629d )
ORDINANCE NO. 2%0'
AN ORDINANCE OF THE CITY OF HUNTINGTON
BEACH AMENDING THE HUNTINGTON BEACH
ORDINANCE CODE BY AMENDING ARTICLE 975
DEFINING AND REGULATING ADULT BUSINESSES
The City Council of the City of Huntington Beach does ordain
as follows:
SECTION 1. The Huntington Beach Ordinance Code is hereby
amended by amending article 975 defining and regulating Adult
Businesses.
9750 Purpose. The City Council finds that adult
businesses.
particularly when
several of them are concentrated, may have a deletorius
effect on adjacent areas, may cause a degradation of the
community standard of morality and may lead to increased levels of
criminal activities. Special regulation of these businesses is
necessary to insure that such adverse effects do not blight or
downgrade surrounding neighborhoods, and the primary purpose of
regulation is to prevent concentration or clustering of these
businesses in any one area or within specified distances from
residential, church and educational uses.
9751 DEFINITIONS. For the purpose of this article, the
following words and phrases shall
have the meanings hereinafter set forth unless a different meaning
is clearly intended from the context in which such word or phase
is used:
(a) "Adult business" - either ( 1) any business which is
conducted exclusively for the patronage of adults and WW
from which minors are specifically excluded , �ipf►/t� 1��}� ��
OWW either by law or by the operators of such business
except any business licensed by the state Department of Alcoholic
Beverages; or (2 ) any business, other than those expressly
specified in this article, where employees or patrons expose
specified anatomical areas or engage in specified sexual
activities; or (3 ) any other business or establishment which
offers its patrons services or entertainment characterized by an
emphasis on matter depicting, exposing, describing, discussing or
relating to specified sexual activities or specified anatomical
areas.
(b) "Baths, sauna baths, massage establishments" -- any
business or establishment, defined in section 5.24.010(b) of the
Huntington Beach Municipal Code.
(c) "Escort bureau; introduction services" -- any business
or establishment, defined in section 5.70.010( i ) of the Huntington
Beach Municipal Code.
(d) "Figure model studio" -- any business or establishment,
defined in Huntington Beach Municipal Code section 5.60.010(a) .
(e) Specified sexual activities shall include any of the
following:
( 1) Actual or simulated sexual intercourse, oral
copulation, anal intercourse, oral anal copulation, bestiality,
direct physical stimulation of unclothed genitals, flagellation or
torture in the context of a sexual relationship, or the use of
excretory functions in the context of a sexual relationship, and
any of the following sexually-oriented acts or conduct: analingus,
buggery, coprophagy, coprophilia, cunnilingus, fellatio,
necrophilia, pederasty, pedophilia, pequerism, sapphism,
zooerasty; or
(2) Clearly depicted human genitals in a state of
sexual stimulation, arousal or tumescence; or
(3) Use of human or animal ejaculation, sodomy, oral
copulation, coitus, or masturbation; or
(4) Fondling or touching of nude human genitals, pubic
region, buttocks or female breasts; or
(5) Masochism, erotic or sexually-oriented torture,
beating or the infliction of pain; or
(6) Erotic or lewd touching, fondling or other
sexually-oriented contact with an animal by a human being; or
(7) Human excretion, urination, menstruation, vaginal
or anal irrigation.
(f) "Specified anatomical areas" shall include any of the
following:
(1) Less than completely and opaquely covered human
genitals or pubic region; buttock; or female breast below a point
immediately above the top of the areola; or
( 2) Human male genitalia in a discernibly turgid state,
even if completely and opaquely covered.
9752 CONDITIONAL USE PERMIT. Notwithstanding any
Municipal Code, no person shall establish, conduct, operate, or
maintain any adult business, as defined in section
9751 of this article on any property in the City of Huntington
Beach without having first obtained a conditional use permit
therefore, pursuant to provisions contained in Article 984 of this
code.
2 .
9753 LIMITATION ON LOCATION. � � �/ �
014140441
No conditional use permit shall be granted )6J/4)6 /10X U
for any adult business if the
proposed
location is:
(a) Within two hundred (200) feet of any lot zoned for
residential use: or
(b) Within five hundred ( 500) feet of any lot upon which
there is located a church or educational institution � �
frequented by minors; or
( c) Within one thousand ( 1000) feet of any lot upon which
there is located any other adults business defined
in section 9751 of this article; or
For purposes of this O�04X�4 article, all distances
shall be measured in a straight line, without regard to
intervening structures or objects, from the nearest point of the
portion of the building or structured / / /� /� / �
�JOA%000 where said adult business is 04444�4�4
located to the nearest property line of any lot or premises
zoned for residential use, or to the nearest property line of any
lot or premises of a church or educational institution W44AAA
frequented by minors, or to the nearest point of any building or
structure used as part of the premises of any other adult
business.
9754 NONCONFORMING ADULT A$�AA�AX$$A$�/BUSINESSES.
All adult OA businesses, as defined in section 9751
of this article, which were lawfully in existence on the effective
date of this article and which were rendered nonconforming thereby
shall be discontinued or be brought into full compliance with the
provisions of this article within three (3 ) years from the
effective date of this article.
9754. 1 EXTENSION OF NONCONFORMING ADULT
BUSINESSES. All adult businesses rendered
nonconforming by this article and required to be discontinued
pursuant to Section 9754 shall have until June 4, 1986, either to
be discontinued or brought into full compliance. (2733-11/84,
Urgency Ord 2769-5/85, Urgency Ord 2793-8/85, Urgency Ord
2810-12/85)
9755 VIOLATION AND PENALTY
( a) Every person, whether acting as an individual owner,
employee of the owner, operator or employee of the operator, or
whether acting as a mere helper for the owner, employer or
operator, or whether acting as a participant or worker who in any
way operates, manages or conducts any adult
business as defined in section 9751 without first obtaining a
conditional use permit from this city or who violates any
3 .
provision of this article, shall be guilty of a misdemeanor. Any
person violating any of the provisions of this article shall be
fined not less than one hundred dollars ($100) for each offense,
and each day, or portion thereof, such violation continues shall
be regarded as a separate offense.
(b) Any establishment operated, conducted or maintained
contrary to the provisions of this article is unlawful and a
public nuisance, and the City Attorney may, in addition to or in
lieu of prosecuting a criminal action hereunder, commence an
action or actions, proceeding or proceedings for the abatement.,
removal and enjoinment thereof, in the manner provided by law and
shall take such other steps and shall apply to such court or
courts as may have jurisdiction to grant relief as will abate or
remove such establishment or activities defined in section 9751
and restrain and enjoin any person from operating, conducting or
maintaining such an establishment contrary to the provisions of
this article.
NO FURTHER TEXT ON THIS PAGE
4.
SECTION 3. If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held to be
invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decisions shall not affect the
validity of the remaining portions of this ordinance. The City
Council of the City of Huntington Beach hereby declares that it
would have adopted this ordinance and each section, subsection,
sentence, clause, phrase, or portions thereof, and amendments
thereto, irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases or portions, or
amendments be declared invalid or unconstitutional.
SECTION This ordinance shall take effect thirty days after
its passage.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular ;meeting thereof held on the
day of 1986.
Mayor
ATTEST: APPROVED AS TO FORM:
• r
City Clerk City At or
REVIEWED AND APPROVED: INITIATED AND APPROVED
City Administr for red-torglof Dev8lopment
Services
Authorir,,)e t,,PubliM Adverbs rrionts o1 all kr k;ludij Public. ON"
notifes :=�y'Oecree of the, Superior Court t. ango ounay,
CaWo,nie, dumber A-6214. dated 29 September. 1961. and
A-246M t, t;et'od 11 June. 1963.
STATE OF CALIFORNIA ' Flo
County of Orange PUNK ►.oeew AdYwreanp oo.wee
by nw 6rr4aai it and in t' pow
aim 10 pew cak~wrdtn
I't16LIC NOTICE t�
NOTICE h
I am 8 Citizen of the United States and a resident of PUBLIC HEARING . V
CODE AMENDMENT
the County aforesaid; I am over the age of eighteen No.6s-so
ADULT ENTERTAINMENT
years, and not a party to or interested in the below BUSINESSES
NOTICE IS HEREBY
entitled matter. I am a principal clerk of the Orange GIVEN that the Huntington
Beach City Council will hold
Coast DAILY PILOT, with which is combined the (a publichearingintheCoun-
cIl Chamber at C the Hunt- 40
NEWS-PRESS, a newspaper of general circulation, lIngton Beach Civic Center, 4
2000 Main Street, Hunt-
printed and published in the City of Costa Mesa, �ington Beach,California,on
the date and at the time in-
County of Orange, State of California, and that a dicatedbelowto receive and
PUBLIC HEARING consider the statements of
Notice Of ,all persons who wish to be
(heard relative to the appli-
cation described below.
DATE: Monday, April 21,
1986
TIME:7:30 P.M.
Of which copy attached hereto is a true and complete CAPPLICATION
eA endlentNo NUMBER:
LOCATION:City-wide
copy, was printed and published in the Costa Mesa, PROPOSAL: An amend-
ment to Article 975 (Adult
Newport Beach, Huntington Beach, Fountain Valley, Entertainment Businesses)
deleting the word "enter-
Irvine, the South Coast communities and Laguna tainment" wherever it ap-
Beach issues of said newspaper for 1 t im pears In the test and In
minor textual changes In
Sections 9751 and 9753 for
consecutive weeks to wit the issU S of Purposes of clarification,'
ENVIRONMENTAL
STATUS: Negative Declar-i
ation No. 85-62 assessing
the environmental effects of
said Code Amendment Will
April 10 also be cmnsidered in con-
, 19$ 6 junction with Code Amend-
ment No.85-20.
ON FILE: A copy of the,
proposed Code Amendment .
198 is on file in the Department
of Development Services.
ALL INTERESTED PER-
SONS are Invited to attend
19$ 'said hearing and express
opinions or submit evidence
for or against the application
as outlined above.All appli-
19$ cations, exhibits;' and de-
scriptions of this proposal
are on file with the Office of
Ithe City Clerk, 2000 Main
19$ Street, Huntington Beach,
California,for Inspection by
the public.
°HUNTINGTON BEACH
CITY COUNCIL, By: Alicia
M. Wen , City Clerk, ry
I declare, under penalty of perjury, that the Phone(714)714)5 38-5405
foregoing is true and correct. Dated 4/8/86
Published Orange Coast
Daily Pilot April 10,1986
Th-821
L
Executed on April 10 198 6
a4 Pesto Mesa, California.
Signature
., rREQUES i FOR CITY COUNCIL ACTION
Date April 7 1986
Submitted to: Honorable Mayor and City Council
Submitted by: Charles W. Thompson, City Administrato
James W. Palin Director Development e )VIM
Prepared by: � , p Services vice s
elJ 0 ✓- P.+,
Subject: ADULT ENTERTAINMENT BUSINESS CODE AMENDMENT i -J)►,0
Consistent with Council Policy? [ Yes [ ] New Policy or Exception 1111 NO '1"
Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions, Attachments:
STATEMENT OF ISSUE:
On November 4, 1985, the City Council denied Code Amendment No .
85-20 relating to Adult Entertainment Businesses and requested a
study session on the issue at a later date . The City Council also
extended the amortization period for non-conforming massage parlors
until June 4, 1986. Since the June 4th date is approaching, the
City Council may wish to again consider the previously denied code
amendment .
RECOMMENDATION:
Staff recommends that the City Council schedule a public hearing on
the Code Amendment No . 85-20 for April 21 , 1986 .
ANALYSIS:
Code Amendment 85-20, as proposed by staff, would retain the
requirement for amortization of non-conforming adult businesses and
retain the existing locational criteria, but would also stipulate
that conditional use permits for adult businesses be
non-transferable between owners upon sale of a business . The code
amendment also proposes to apply this provision to convenience
markets , dancing and/or live entertainment, teen dancing and
fortune-telling. Since Ordinance 2808B became effective in
December , 1985 prohibiting sale of alcoholic beverages in
convenience markets , however , staff now recommends that convenience
markets not be subject to non-transferability of conditional use
permits .
The City Council 's primary concerns with the code amendment in
November were:
1 . Is amortization of non-conforming businesses legally
supportable?
PIO 4/84
2 . Do the existing locational criteria allow adequate relocation
sites within the City for the non-conforming businesses?
3 . Do other cities utilize non-transferable conditional use
permits?
The City Attorney indicates that the recent case of the City of
Renton V. Playtime Theaters, Inc. has reaffirmed the city 's right
to establish locational criteria for zoning adult businesses , and
also held that it is not the city' s responsibility to ensure that
landowners will rent locations to such businesses . While this case
does not address amortization, the city has a strong argument , based
upon Castner v . City of Oakland, that adult businesses may be
required to move . The concept of amortization involves allowing
non-conforming uses to continue to operate for a reasonable amount
of time in order to allow them to recoup expenses . Of course, there
is a distinct possibility that the issue of amortization may need to
be decided by the courts . The City 's original Adult Business
ordinance established a three-year amortization period which was to
expire on December 2, 1984 but which has been extended several
times , now to expire on June 4, 1986 . The proposed code amendment
does not contemplate any changes to the requirement for amortization
for the June 4, 1986 deadline.
In response to Item 2 above, staff has researched the effects of the
locational criteria and has identified approximately 50 locations
which meet the locational criteria . Of those 50 locations , 19
contain leasable building area with a total of approximately 500,000
square feet of floor area. Staff feels that this constitutes
adequate relocation possibilities in the City, particularly in light
of the recent U. S. Supreme Court decision regarding City of Renton
vs. Playtime Theaters, Inc .
In regard to Item 3, staff has found that the cities of Anaheim,
Fountain Valley, Garden Grove, Westminster and Burbank utilize
non-transferable conditional use permits in certain instances . In
some cases non-transferability is stipulated in their ordinances , in
other cases non-transferability is a condition of approval on the
conditional use permit.
If the City Council wishes to reconsider the code amendment so that
any action will be effective by June 4, 1986, it will be necessary
to introduce the code amendment no later than April 21 , 1986 , and
have the second reading no later than May 5, 1986 .
FUNDING SOURCE•
Not applicable
RCA -Adult Entertainment -2- 4547d
s
ALTERNATIVE ACTION:
The City Council has the following basic options regarding the code
amendment:
1 . Do not reconsider the code amendment . This will retain the
amortization and locational criteria and require that
non-conforming businesses relocate by June 4, 1986 .
2 . Reconsider the code amendment and adopt new requirements for
non-transferability of conditional use permits. Retain .
existing amortization and locational criteria.
3 . Reconsider the code amendment and either delete the
amortization requirement or extend the deadline to a later date .
ATTACHMENTS:
1 . Article 975
2 . Request for Council Action dated October 21 , 1985
3 . Ordinance for Code Amendment No. 85-20
JWP:HS: jr
RCA -Adult Entertainment .-3- 4547d
Paie 5 - Council-"Minutes 11/4/85
Bill Hartge addressed Council regarding the possible detachment of the cities
of Santa Ana, 21mhe a►_ and Fullerton from the Municipal Water District of
Orange County.
Gloria Wheeler addressed Council regarding her concerns related to Commodore
Circle.
Henry Bohrman, Corinne Welch, t"Dorothy Grubbs, addressed Council regarding
flood prevention concerns.
Michael Levi, Roland Clark, Steve Laisch, Hugh Coffin addressed Council
regarding the city's proposed massage ordinances. Agenda Item F-1)
CODE AMENDMENT S5 20;W DIRECTED STAFF TO PREPARE URGENCY ORDINANCE EXTENDING
AMORITIZATION DATE FOR MASSAGE ESTABLISHMENT FOR 6-MONTHS - TO BE CONSIDERED
11 18 85 - COMMERCIAL ESTABLISHMENTS INCLUDING ADULT ENTERTAINMENT
The Deputy City Clerk presented a communication from the Director of Develop-
went Services regarding an amendment to Article 975 (Adult Entertainment Busi-
nesses) Article 943 (Community Business District), Article 945 (General Busi-
ness District) and Article 947 (Highway Commercial District) . The Code Amend-
ment establishes that Conditional Use Permits for certain uses are granted to
the operator, do not run with the land and are not transferable to another
owner or operator upon sale of the business. Those uses affected by the
amendments are as follows: convenience markets combined with gasoline - sta-
tions, adult entertainment, dancing and/or live entertainment as a primary or
secondary use, teen dancing, fortune-telling.
The proposed amendment further requires the Planning Commission to consider.
whether a proposed adult entertainment business is in a family-oriented loca-
tion when considering a conditional use permit for such businesses.
The Mayor stated that Council would also consider Negative Declaration #8 5-62
assessing the environmental effects of said Code Amendment.
Councilman MacAllister stated he had listened to a tape recording of the pub-
lic hearing held regarding this item on October 21, 1985.
Discussion was held regarding fifty sites in the city that met the locational
criteria for massage establishments as required by city ordinance. The Direc-
tor of Development Services stated that there were no buildings at many of the
sites. Councilman Green asked if license testing was used by other cities.
The Chief of Police stated that the state gave such matters into the hands of
local jurisdiction and there was no testing. Discussion was held regarding
the legal defense of the proposed ordinance. Councilman Kelly referred to a
memorandum he wrote containing questions and concerns he had regarding , the
proposed ordinance; he urged Council to hold a study session regarding the
matter.
A motion was made. by Kelly, seconded by Thomas, to deny approval of Negative
' Declaration No. 85-62 and Code Amendment No. 85-20. The motion carried by the
following roll call vote:
AYES: Kelly, MacAllister, Mandic, Bailey, Finley, Thomas
NOES: Green
ABSENT: None
'Page 6 -" Council Minute,_ 11/4/85
A motion was made by MacAllister, secohded by Thomas, to direct staff to pre-
pare an Urgency -rdinance extending the amortization of massage establishments
for six months; the proposed Urgency Ordinance to be presented to Council for
consideration . November 18, 1985. The motion carried by the following roll
call vote:
AYES: Kelly, MacAllister, Mandic, Bailey, Finley, Green, Thomas
NOES: None
ABSENT': None
A study session on the proposed massage establishment .ordinances was' scheduled
for January 6, 1986.
CONSENT CALENDAR -- (ITEMS APPROVED)
On motion by MacAllister, second Kelly, Council approved the following items,
as recommended, witii;Councilman MacAllister abstaining from voting on the min-
utes of the October 21, 1985 Council meeting, by the following roll call vote:
AYES: Kelly, MacAllister, Bailey, Finley, Green, Thomas
NOES: None
NOT VOTING: Mandic
ABSENT: None
MINUTES - Approved and adopted minutes of the adjourned regular .meetings of
October 14, 1985 and October 21, 1985, the regular meeting of October 21,
1985, and the adjourned regular meeting of October 28 , 1985, as written and on
file in the Office of the City;Clerk.
.�3
Councilman MacAllister abstained from voting on the minutes of the October 21,
1985 Council meeting.
TOWING OPERATION FEES - RESOLUTION NO 5579 - ADOPTED - "A RESOLUTION OF THE
CITY COUNCIL OF THE. CITY OF HUNTINGTON BEACH AMENDING RESOLUTION NO. 5159
ENTITLED, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON. BEACH
ESTABLISHING A CITY FEE SCHEDULE (SUPPLEMENTAL FEE RESOLUTION NO. 15)."
RAISED PAVE)ENT, MARKER PROGRAM - NOTICE OF COMPLETION - CC-586 - Accepted
work completed by Orange County Striping Service, Inc. , for work related to
the raised pavement marker "program on Bolsa Chica Road, Edinger Avenue, Warner
Avenue and Yorktown Avenue and instructed the City Clerk to file a Notice of
Completion.
LANDSCAPE/WALKWAY/IRRIGATION IMPROVEMENTS IN CENTRAL PARK - PLANS & SPECIFI-
CATIONS/CALL FOR BIDS - Approved the plans and specifications for improving
the landscaping, walkway and irrigation in".-Central Park, authorized staff to
prepare requests for bid proposal, and appropriated $55,000 from the Park
'Acquisition and Development fund balance to Account #790766.
BID AWARD - TRAFFIC SIGNAL LOOP REPLACEMENT -�'-CC-695 - W H MOORE CONSTRUC-
TION Accepted the low bid of W. H. Moore Construction in the amount of
23,450 for traffic. signal loop replacement hold bid bonds on the lowest
Page 7 - Council Minutes
The Deputy City C1er presented Ordinance No. 2806 for Council considera-
tion - "AN ORDINANCE Otw4 THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON
BEACH ORDINANCE CODE BY `AMENDING SECTION 9654.1, RELATING TO PERMITTED USES IN ,
PACIFICA COMMUNITY PLAN.""';
A motion was made by Kelly,Wieconded by Mandic, to approve Negative Declara-
tion No. #85-42, Code Amendment No. 8 5-16, and, after reading by title,
approve introduction of Ordinance_.^ No. 2806. The motion carried by the fol-
lowing roll call vote:
AYES: Kelly, Mandic, Bailey, Finney, Green, Thomas
NOES: None
ABSENT: MacAllister
PUBLIC HEARING CODE AMENDIE�IT ,rays 201` `HEARING CLOSED - DECISION CONTINUED
TO ll 4 85 - CONDITIONAL USE PERMITS COMMERCIAL ESTABLISHMENTS INCLUDING
ADULT ENTERTAINMENT
The Mayor announced that this was the day and hour set for a public hearing to
consider an amendment to Article 975 (Adult Entertainment. Businesses) Article
943 (Community Business District), Article 945 (General Business District) and
Article 947 (Highway Commercial District). The Code Amendment establishes
that Conditional Use for Permits for certain uses are granted to the operator,
do not run with the land and are not transferable to another owner or operator
upon sale of the business. Those uses affected by the amendments are as fol-
lows: convenience markets combined with gasoline stations, adult entertain-
ment, dancing and/or live entertainment as a primary or secondary use, teen
dancing, fortune-telling.
The proposed amendment further requires the Planning Commission to consider
whether a proposed adult entertainment business is in a family-oriented loca-
tion when considering a conditional use permit for such businesses.
The Mayor stated Negative Declaration #8 5-62 assessing the environmental
effects of said Code Amendment would also be considered.
The Deputy City Clerk announced that all legal requirements for publication
and posting had been met, and that she had received no communications or writ-
ten protests to the matter.
Hal Simmons, Associate Planner, presented a staff report.
The Mayor declared the hearing open.
Hugh Coffin, attorney representing several massage establishments; Roland
Clark, -Steven Lausch, Mike Levi, Bill Ford and Don Davis, representing Atlan-
tic Richfield Oil Company; spoke in opposition to Ordinance No. 2807.
There being no one present to speak further on the matter and there being no
further protests filed, either oral or written, the hearing was closed by the
Mayor.
The Deputy City Clerk presented Ordinance No. 2807 for Council consideration
- "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH. AMENDING THE HUNTINGTON BEACH
ORDINANCE CODE BY REPEALING SECTION 9754.1; AND AMENDING, SECTIONS 9430.8,
Page 8 - Council Minutes - 10/21/85
9454, 9472.2, 9751, 9753, AND 9754; AND ADDING THERETO SECTION 9841.4.1,
RELATING TO NONTRANSFERABLE CONDITIONAL USE PERMITS FOR CERTAIN BUSINESSES,
AND REGULATION OF ADULT BUSINESSES."
A motion was made by Finley, seconded by Mandic, to continue a decision on
Code Amendment No. 85-20, Negative Declaration No. 85-62 and Ordinance No.
2807 to November 4, 1985. The motion carried unanimously.
PUBLIC HEARING - HOUSING ASSISTANCE PLAN - APPROVED
�Ys
The Mayor announced that this was the day and hour setfor a public hearing to
consider the proposed Housing Assistance Plan (H.A.-P. ) which identified the
City goals for federal assistance and is to be submitted to the U.S. Depart-
ment of Housing & Urban Development on or about October 31, 1985. This annual
H.A.P. is for the period of October 1, 1985 throng "September 30, 1988 .
The Mayor stated that copies°rt�of the H.A.P. werex available for review in the
City Clerk's Office.
'4
The Deputy City Clerk announce:. that all legal requirements for notification,
publication and posting had been. met, and that she had received no communica-
tions or written protests to thematter.
The Mayor declared the hearing open.
�r ;x
There being no one present to spealL` on the matter and there being no protests
filed, either oral or written, the hearing was closed by the Mayor.
A motion was made by Mandic, seconded by Kelly, to approve the three year
(H.A.P) Goals - 10/l/85 - 9/30/88 and approve Annual Goal for 10/1/85 through .
9/30/86 and authorize staff to submit ,the H.A.P. for the Federal Government,
Fiscal Year 10/l/85 through 9/30/88': The motion carried by the following roll
call vote: ^_
AYES: Kelly, Mandic, Bailey,*Finley, Green, Thomas
NOES None ,
ABSENT: MacAllister
ua'
PUBLIC HEARING - RESOLUTION NO 5589 - HOUSING POLICIES REPORT - SINGLE FAMILY
MORTGAGE REVENUE BONDS kt
:a
The Mayor announced that- this was the day and hour set for a public hearing as
required by S. 103A(j)' of the Internal Revenue Code to consider a proposed
Policy Report. to be publlshPd by the City of Huntington Beach containing a
statement of the po23cies regarding housing, development, and low-income hous-
ing assistance to b -followed by the City in issuing qualified mortgage bonds
and mortgage credit certificates. The City previously .published a Housing
Policies Report for fiscal year ending October 31, 198 4. The city complied
during the one-year period preceeding this report with the intent of Congress
that the City use`' its authority to issue qualified mortgage fonds and mortgage
credit certificates to the greatest extent feasible to assist lower-income
families to afford home ownership before assisting higher-income`families.
REQUESIWR CITY COUNCIL40TION
Date October 21 1985
Submitted to: Honorable Mayor and City Council
Submitted by: Charles W. Thompson, City Administrato '
Prepared by: James W. Palin, Director , Development Services e $
Subject: CODE AMENDMENT NO. 85-20/NEGATIVE DECLARATION NO. 85-62
(ADULT BUSINESSES AND NON-TRANSFERABLE CONDITIONAL USE
PERMITS FOR SPECIFIED USES )
Consistent with Council Policy? [ ] Yes [ ] New Policy or Exception
Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments:
STATEMENT OF ISSUE:
Article 97.5 (Adult Entertainment Businesses ) was subject to Code
Amendment No. 85-12 in Spring of 1985 . The amendment was intended
to define "Family-oriented Centers" and prohibit adult entertainment
businesses in such centers . The amendment also required that the
Conditional Use Permit required for Adult Entertainment Businesses
run with the operator and not be transferable upon sale of the
business . The amendment further granted exemptions from the
locational criteria of Article 975 for those existing Adult
Entertainment Businesses located along Beach Boulevard.
On July 15, 1985 , the City Council continued Code Amendment No .
85-12 so that staff , the City Attorney's office and the Planning
Commission could reach an agreement on the recommended Code.
Amendment . The City Attorney and the Planning Commission had been
opposed to the staff recommendation for Conditional Use Permits to
run with the operator of adult businesses . After meeting with
Administration , the City Attorney 's office and the Police .
Department, staff has reached common agreement on a new approach to
the Code Amendment . Because the new approach is substantially
different from the first approach , staff has assigned the Code
Amendment a new number and re-submitted it to the Planning
Commission .
The Planning Commission is scheduled to hear the Code Amendment on
October 15 , 1985 . Their action and recommendation will be forwarded
to the City Council prior to their October 21 , 1985 meeting. This
accelerated hearing schedule is necessary in order for the Code
Amendment to be effective by December 4 , 1985 when the amortization
period for non-conforming Adult Businesses expires .
RECOMMENDATION:
Planning Commission Action and Recommendation:
The Planning Commission 's October 15 , 1985 action and recommendation
on Code Amendment No. 85-20 will be forwarded to the City Council
prior to the Council 's October 21 , 1985 meeting.
s
PIO 5/85
STAFF RECOMMENDATION:
Approve Negative Declaration No. 85-62 and adopt Code Amendment No.
85-20 .
ANALYSIS:
The major area of disagreement with the initial code amendment for
Adult Entertainment Businesses was the requirement that Conditional
Use Permits for those uses run with the operator and not be
transferable. The City Attorney has indicated that such a policy is
defensible if it is applied to other businesses and massage parlors
are not singled out . As a result, staff has identified other
businesses which have unique problems and which it may be desirable
to control through non-transferable conditional use permits . Those
uses are those listed in Sections 9430. 8 (C2 District ) , 9454 (C3
District ) and 9472 . 2 (C4 District ) as requiring conditional use
permits . Those uses are as follows :
1 . Convenience Markets
2 . Adult Entertainment Businesses
3 . Dancing and/or live entertainment
4 . Teen dancing
5 . Fortune telling
Staff 's position is that all of the above uses have the potential to
create unusual police and land use related problems over time . By
requiring that each new operator of one of those businesses receive
a new conditional use permit, the City achieves the ability to
re-evaluate the conditions of approval placed on them originally and
readjust them as necessary to take into account changing conditions
in the surrounding area , or changing policies of the new operators .
The cities of Fountain Valley, Westminster and Burbank have similar
requirements .
In order to implement the above policy, the Code Amendment adds
wording to Articles 943 (C2 ) , 945 (C3 ) , and 947 (C4 ) to require that
the conditional use permit for the specified uses be
non-transferable and subject to the restrictions of new Section
9841 .4 . 1 (Conditional Use Permits Non-Transferable ) . Section
9841 .4 .1 is an addition to the Conditional Use Permit (Article 984 )
section of the zoning code which explains in detail the limitations
of non-transferable conditional use permits . This section also
requires that where the specified uses appear in other districts
(the various specific plans ) , the non-transferability of conditional
use permits shall also apply. The City Attorney's office believes
that this approach is workable and defendable . Staff has requested
the Planning Commission 's concurrance for forwarding to the City
Council .
R.C.A. -2- ('3466d)
The second change to the proposed<' Code Amendment deletes the
definition of "Family-Oriented" from the amendment . It has been
determined by Development Services and the Attorney' s office that
"Family-Oriented" is a concept that cannot be adequately defined .
Research by staff revealed that nearly all shopping centers contain
some use that could be deemed "Family-Oriented" . Rather , staff
feels that the Planning Commission should consider each shopping
center and the comments of surrounding neighbors and tenants
individually and reach their own conclusions regarding
compatibility. Existing Article 984 (Conditional Use Permit )
contains the following finding for denial:
(c ) The proposed use is not compatible with existing or other
proposed uses in the neighborhood .
Staff feels that this finding adequately covers the situation of
family-oriented uses in a shopping center .
A third change to the new Code Amendment involves the original
exemption from locational criteria for existing Adult Entertainment
Businesses located along State highways . This exemption .was
originally deemed desirable to preclude those businesses from
relocating into family-oriented neighborhoods . Because existing
findings for denial are adequate for preventing location in
family-oriented areas , this concern is not considered to be valid . ,
The City Attorney also argued that the proposed exemption
constituted a variance to the zoning code with no demonstration of
land-related hardship. The new Code Amendment withdraws the
exemption and reinstates all of the remaining nine non-conforming
adult businesses to the coverage under the locational criteria and
amortization period of Article 975 . The amortization period expires
December 4 , 1985.
The fourth and last change to the new Code Amendment is to remove
the word "Entertainment" from "Adult Entertainment Businesses"
everywhere it appears in the code . This is done to prevent
confusion with the ordinance for Adult Dance Halls and Adult
Entertainment (Article 9730 .83 ) .
4 . 0 Environmental Status:
Negative Declaration No. 85-62 has been advertised for a 10-day
period to expire October 21 , 1985 on the date of the scheduled City
Council hearing on Code Amendment No. 85-20 . Any comments received
will be forwarded to the City Council prior to adoption .
FUNDING SOURCE:
Not Applicable.
R.C. A. -3- ( 3466d)
ALTERNATIVE ACTION:
The City Council may deny Code Amendment No . 85-20 or modify as
desired. Continuation of the Code Amendment, however , will cause
the amortization period for non-conforming adult businesses to
expire (on December 4, 1985 ) prior to the effective date of the
adopted Code Amendment .
ATTACHMENTS:
1 . Ordinance for Code Amendment No. 85-20
JWP: HS: lp
(3466d)
R.C .A. -4- (3466d )
Publish ..ri1 10,1986
NOTICE OF PUBLIC HEARING
CODE AMENDMENT NO. 85-20
ADULT ENTERTAINMENT BUSINESSES
NCMT"F IS HEREBY GIVEN that the Huntington Beach City Council will hold a
public hearing in the Council Chamber at the Huntington Beach Civic .
Center, 2000 Main Street, Huntington Beach, California, on the date and
at the time indicated below to receive and consider the statements of all
persons who wish to be heard relative to the application described below.
DATE: Monday, April 21 , 1986
TI`m.E: 7:30 P.M.
A.APLICATION NUMBER: Code Amendment No. 85-20
LCCATION: City-wide
PROPOSAL: An amendment to Article 975 (Adult Entertainment Businesses)
deleting the word "entertainment" wherever it appears in the
text and making minor textual changes in Sections 9751 and
9753 for purposes of clarification.
ENIIRON1IENTAL STATUS: Negative Declaration No. 85-62 assessing the environmental
effects of said Code Amendment will also be considered in
conjunction with Code Amendment No. 85-20.
ON FILE: A copy of the proposed Code amendment is on file in the Department of
Development Services.
.kLL liyTERESTED PERSONS are invited to attend said hearing and express
opinions or submit evidence for or against the application as outlined
above. All applications, exhibits, and descriptions of this proposal are
on file with the Office of the City Clerk, 2000 Main Street, Huntington
Beach, California, for inspection by the public.
HUNTINGTON BEACH CITY COUNCIL
By: Alicia M. Wentworth
City Clerk
Phone (714) 536-5405
L
Dated: 4/8/86 " <31
Publish
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Huntington Beach City Council will hold a
public hearing in the Council Chamber at the Huntington Beach Civic
Center, 2000 Main Street, Huntington Beach, California, on the date and
at the time indicated below to receive and consider the statements of all
persons who wish to be heard relative to the application described below.
DATE: � -Z I t 19�C
APPLICATION NUMBER: Ct7c)2, �1�Pr�laeti7 Ak
LOCATION:
PROPOSAL: A AA;, RCS- (A-L) ��ea-3�It� eat �USIheSCJe r)
lj4k,fii&j 414 LO ,r,�'n�er�LiL�w./f,+?1(' YT/` q V0-,,'
i h' ?X 4 r 4 s M i K31,�j N.,ha✓ q 1,! Z,� Q1 ^�)v
C6r; Ca4io'.
ENVIRONMENTAL STATUS: 11fp�5��ve l�F��Z�-v irk N�, Z Zrr"r-!' j
t`! ee ✓ a d3 i Co �R �►t,.e1at14v1'i" t✓�f Z�f4 ��j coh✓���rPa� �� 14.e. C�f*/�►�,P��aaen�.
ON FILE: A �� -Flq t�0-4r'3 4 ON4 /�et,e..�l��...� jr J-i '�R th e Ya�,�_.4t. 4--
ALL INTERESTED PERSONS are invited to attend said hearing and express
opinions or submit evidence for or against the application as outlined
above. All applications, exhibits, and descriptions of this proposal are
on file with the Office of the City Clerk, 2000 Main Street, Huntington
Beach, California, for inspection by the public.
HUNTINGTON BEACH CITY COUNCIL
By: Alicia M. Wentworth
City Clerk
Phone (714) 536-5405
PLANNING GrNERAL PROVISIONS S. 9750
ARTICLE 975
ADULT ENTERTAINMENT BUSINESSES
(2522-11/81, 2733-11/84, 2769-5 8 5, Urg. Ord. 2793-8 8 5, Urg. Ord. 2810-11/8 5)
S. 9750 PURPOSE. The City Council finds that adult entertainment
businesses, because of their very nature have objectionable
operational characteristics, particularly when several of them are
concentrated, which may have a deletorius effect on adjacent areas. Special
regulation of these businesses is necessary to insure that such ad,.erse
effects do not blight or downgrade surrounding neighborhoods, and the primary
purpose of regulation is to prevent concentration or clustering of these
businesses in any one area.
S. 9751 DEFINITIONS. For the purpose of this article, the term
'adult entertainment businesses" is hereby defined to
include the following described uses:
(a) "Adult business" - either (1) any business which is conducted
exclusively for the patronage of adults and as to which minors are
specifically excluded from patronage thereat either by law or by the
operators of such business except any business licensed by the state
Department of Alcoholic Beverage Control; or (2) any business, other
than those expressly specified in this article where employees or
patrons expose specified anatomical areas or engage in specified sexual
activities; or (3) any other business or establishment which offers its
patrons services or entertainment characterized by an emphasis on
matter depicting, exposing, describing, discussing or relating to
specified sexual activities or specified anatomical areas.
(b) "Baths, sauna baths, massage establishments" - any business or
establishment as defined in section 5.24.010(b) of the Huntington Beach
Municipal Code.
(c) "Escort bureau; introduction services" - any business or establishment
as defined in section 5.70.010(1) of the Huntington Beach Municipal
Code.
(d) "Figure model studio" - any business or establishment as defined in
Huntington Beach Municipal Code section 5.60.010(a).
(e) Specified sexual activities shall include any of the following:
(1) Actual or simulated sexual intercourse, oral copulation, anal
intercourse, oral anal copulation, bestiality, direct physical
stimulation of unclothed genitals, flagellation or torture in the
context of a sexual relationship, or the use of excretory
functions in the context of a sexual relationship, and any of the
following sexually-oriented acts or conduct: analingus, buggery,
coprophagy, coprophilia, cunnilingus, fellatio, necrophilia,
pederasty, pedophilia, piquerism, sapphism, zooerasty; or
(2) Clearly depicted human genitals in a state of sexual stimulation,
arousal or tumescence; or
12/8 5
.. S. . 9751(e)(3) �ENERAL PROVISIONS PLANNING
(3) Use �.f human or animal ejaculation, sodomy, oral copulation,
coitus, or masturbation; or
(4) Fondling or touching of nude human genitals, pubic region,
buttocks or female breasts; or
(5) Masochism, erotic or sexually-oriented torture, beating or the
infliction of pain; or
(6) Erotic or lewd touching, fondling or other sexually-oriented
contact with an animal by-a human being; or
(7) Human excretion, urination, menstruation, vaginal or anal
irrigation. -
(f) "Specified anatomical areas" shall include any of the following:
(1) Less than completely and opaquely covered human genitals .or pubic
region; buttock; or female breast below a point immediately above
the top of the areola; or
(2) Human male genitalia ir, a discernibly turgid state, even if
completely and opaquely covered.
S. 9752 CONDITIONAL USE PERMIT REQUIRED. Notwithstanding any
other provision of this code or the Huntington Beach
Municipal Code, no person shall establish, conduct, operate, or maintain any
adult entertainment business, as defined in section 9751 of this article on
any property in the city of huntington Beach without having first obtained a
conditional use permit therefore, pursuant to provisions contained in Article
984 of this code.
S. 9753 LIMITATION ON LOCATION. Nothwithstanding any other
provisions of this code or the Huntington Beach Municipal
Code, no conditional use permit shall be granted by the City of Huntington
Beach for any such adult entertainment business if the premises upon which
such business is proposed to be located is:
(a) Within 200 feet of any lot zoned for residential use; or
(b) Within 500 feet of any lot upon which there is located a church or
educational institution utilized by minors; or
(c) Within 1000 feet of any lot upon which there is located any other adult
entertainment business as defined in section 9751 of this article.
For the purposes of this section, all distances shall be measured in a
straight line without regard to intervening structures or objects, from the
nearest point of the building or structure used as a part of the premises
where said adult entertainment business is conducted to the nearest property
. line of any lot or premises zoned for residential use, or to the nearest
property line of any lot or premises of a church or educational institution
utilized by minors, or to the nearest point of any building or structure used
as part of the premises of any other adult entertainment business.
12/85
PLANNING GENERAL PROVISIONS S. 9754
S. 9754 .*NONCONFORMING ADULT ENTERTAINMENT BUSINESSES. All adult
entertainment businesses, as defined in section 9751 of
this article, which were lawfully in existence on the effective date of this
article and which were rendered nonconforming thereby shall be discontinued or
be brought into full compliance with the provisions of this article within
three (3) years from the effective date of this article.
S. 9754.1 EXTENSION OF NONCONFORMING ADULT ENTERTAINMENT
BUSINESSES. A11 adult entertainment businesses rendered
nonconforming by this article and required to be discontinued pursuant to
Section 9754 shall have until June 4, 1986, either to be discontinued or
brought into full compliance. (2733-11/8 4, Urgency Ord 2769-5/8 5, Urgency Ord
2793-8/85, Urgency Ord 2810-12/85)
S. 9755 VIOLATION AND PENALTY.
(a) Every person, whether acting as an individual owner, employee of the
owner, operator or ' employee of the operator, or whether acting as a
mere helper for the owner, employer or operator, or whether acting as a
participant or worker who in any way operates, manages or conducts any
adult entertainment business as defined in section 9751 without first
obtaining a conditional use permit from this city or who violates any
provision of this article, shall be guilty of a misdemeanor. Any
person violating any of the provisions of this article shall be fined
not less than one hundred dollars 3 100) for each offense, and each
day, or portion thereof, such violation continues shall be regarded as
a separate offense.
(b) Any establishment operated, conducted or maintained contrary to the
provisions of this article is unlawful and a public nuisance, and the
City Attorney may, in addition to or in lieu of prosecuting a criminal
action hereunder, commence an action or actions, proceeding or
proceedings for the abatement, removal and enjoinment thereof, in the
manner provided by law and shall take such other steps and shall apply
to such court or courts as may have jurisdiction to grant relief as
will abate or remove such establishment or activities defined in
section 9751 and restrain and enjoin any person from operating,
.conducting or maintaining such an establishment contrary to the
provisions of this article. .
12/8 5
CODE AMENDMENT NO. 85-20
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF , HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH ORDINANCE CODE
BY REPEALING SECTION 9754. 1 ; AND AMENDING
SECTIONS 9430 .8, 9454, 9472 .2 , 9751 , 9753 , AND
9754; AND ADDING THERETO SECTION 9841 .4 .1 ,
RELATING TO NONTRANSFERABLE CONDITIONAL USE
PERMITS FOR CERTAIN BUSINESSES, AND REGULATION
OF ADULT BUSINESSES
The Citv Council of the City of Huntington Beach does
ordain as follows:
SECTION I . Section 9754 .1 of the Huntington Beach
Ordinance Code is hereby repealed.
SECTION .2 . The Huntington Beach Ordinance Code is hereby
amended by amending sections 9430 .8 , 9454 , 9472 .2 , and 9751 ,
9753 , and 9754 to read as follows :
9430 .8 USES SUBJECT TO CONDITIONAL USE PERMIT. The fol-
lowing uses may be permitted subject to the issuance of a
conditiional use permit:
(a) Unclassified uses as set forth in Article 933 .
(b) Convenience markets combined with gasoline stations .
( c) Adult businesses, defined in Article
975 , and subject to the regulations contained in such article .
(d) Dancing and/or live entertainment as a primary .or sec-
ondary use .
(e) Teen dancing for patrons' under the age of twenty-one
(21 ) years , subject to requirements contained in this code .
Any conditional use permit issued for the uses listed in
subsections (b) , (c.) , (d) and (e) shall be nontransferable, as
provided in section 9841.4.1 .
9454 USES SUBJECT TO CONDITIONAL USE PERMIT. The
following uses may be permitted subject to issuance of a
1 .
conditional use permit:
(a) Unclassified uses pursuant to provisions of Article
933 .
(b) Adult businesses, defined - in Article
975 , and subject to the regulations contained in such article .
Any conditional use permit issued for the use specified in
subsection (b ) shall be nontransferable, as provided in section
9841 .4.1.
9472 .2 USES SUBJECT TO CONDITIONAL, USE PERMIT . The fol-
lowing uses may bepermitted subject to issuance of a
conditional use permit:
(a) Unclassified uses as set forth in Article 933 .
(b) Convenience markets combined with gasoline stations
subject to the provisions of Article 943 ,
C2 , "Community Business District. "
(c) Adult 044WW44 44 businesses, defined in Article
975 , and subject to. the regulations contained in such article .
(d) Fortunetelling .
Any conditional use permit issued for the uses listed in
subsections (b) , (c) and (d) shall be nontransferable , as
provided in section 9841 .4.1.
9751 DEFINITIONS. For the purpose
the
following words and phrases shall
have the meanings hereinafter set forth unless a different
meaning is clearly intended from the context in which such word
or phrase is used:
(a ) "Adult business" - either (1) any business which is
conducted exclusively for ,the patronage of adults and
from which minors are specifically excluded #� ►/� �
YI either by law or by the operators of such business
except any business licensed by the state Department of
Alcoholic Beverages; or (2 ) any business , other than those
expressly specified in this article, where employees or patrons
expose specified anatomical areas or engage in specified sexual
activities; or (3 ) any other business or establishment which
offers its patrons services or entertainment characterized by
an emphasis on matter depicting, exposing, describing, dis-
cussing or relating to specified sexual activities or specified
anatomical areas .
.2 .
(b) "Baths , sauna baths , massage establishments" - any
business or establishment, defined in section 5 .24 .010(b) of
the Huntington Beach Municipal Code.
(c ) "Escort bureau; introduction services" - any business
or establishment, defined in section 5 .70 .010 ( i ) of the
Huntington Beach Municipal Code .
(d) "Figure model studio" - any business or estab-
lishment , defined in Huntington Beach Municipal Code section
5 .60 .010 (a ) .
(e ) Specified sexual activities shall include any of the
following:
( 1 ) Actual or simulated sexual intercourse, oral cop-
ulation, anal intercourse , oral anal copulation, bestiality,
direct physical stimulation of unclothed genitals , flagellation
or torture in the context of a sexual relationship, or the use
of excretory functions in the context of a sexual relationship,
and any of the following sexually-oriented acts or conduct:
analingus, buggery, coprophagy, coprophilia, cunnilingus, fel-
latio, necrophilia, pederasty, pedophilia, piquerism, sapphism,
zooerasty; or
( 2 ) Clearly depicted human genitals in a state of
sexual stimulation, arousal or tumescence; or
( 3 ) Use of human or animal ejaculation, sodomy, oral
copulation, coitus , or masturbation; or
(4 ) Fondling or touching of nude human genitals,
pubic region, buttocks or female breasts; or
(5 ) Masochism, erotic of sexually-oriented torture,
beating or the infliction of pain; or
(6 ) Erotic or lewd touching, fondling or other sex-
ually-oriented contact with an animal by a human being; or
( 7 ) Human excretion, urination, menstruation, vaginal
or anal irrigation.
( f) "Specified anatomical areas" shall include any of the
following:
( 1) Less than completely and opaquely covered human
genitals or public region; buttock; or female breast below a
point immediately above the top of the areola; or
(2 ) Human male genitalia in a discernibly turgid
3 .
state , even if completely and opaquely covered .
9753 LIMITATION ON LOCATION.
0444; No conditional use permit shall be granted =;-
�� /�f/Y��� � 4�i�/�t� � for any adult busi-
ness if the � ` jJ�L���jf�� �Kj�1� K/k� � � /� proposed.
location is :
(a) Within two hundred (200 ) feet of any lot zoned for
residential use; or
(b) Within five hundred (500 ) feet of any lot upon which
there is located a church or educational institution
frequented by minors; or
( c) Within one thousand ( 1000 ) feet of any lot up4m which
there is located any other adult business. de-.
fined in section 9751 of this article, or
, For purposes of this 0.4 44� article, all distances
shall be measured in• a ' straight line, without regard to inter-
vening structures or objects , from the nearest point of ;he
portion of the building or structure
�{�¢j� ��► j� where. said adult ?( business is
��nxfr located to the nearest property line of any lot
or premises "zoned for residential use, or to the nearest prop-
erty line of any lot or premises of a church or educational
institution frequented by minors , or to the
nearest point of any building or structure used as part of the
premises of any other adult 71
business .
9754 NONCONFOPIMING ADULT 4$$ 4A,'Ad A �T/BUSINESSES. All
adul � businesses , as defined in section 9751 of
this article , which were lawfully in existence on the effective
date of this article (December 2 , 1981) and which were
rendered nonconforming thereby shall be discontinued or brought
into full compliance with the provisions
� X hereof not lat4r than December 4, 1985 .
SECTION 3 . The Huntington Beach Ordinance Code is .hereby
amended by adding thereto section 9841 .4 . 1 to read as follows :
9841 .4 . 1 C+CNTRANSFERABLE CONDITIONAL USE PERMITS . (a) , No
nontrans_enable conditional use permit may be sold, transferred
or assigned by a permittee , or by operation of law, to any-
other person or persons. .Any such sale, transfer or assign
ment, or attempted sale , transfer or assignment , shalt be
deemed to constitute a voluntary surrender of such permit -and
such permit shall thereafter be null and void; provided And
excepting, however , that if the permittee is a partnei'ship .and
s• w "
4
t
one or more of the partners should die, one or more of the sur-
viving partners may .acguire, by purchase or otherwise, the in-
terest of the deceased partner or partners without effecting a
surrender or termination of such permit , and in such case,
the permit, upon notification to the Director of Development
Services , shall be placed in the name of the surviving part-
ners . A conditional use permit issued to a corporation shall
be deemed terminated and void when either any outstanding stock
of the corporation is sold, transferred or assigned after the
issuance of a permit, or any stock authorized but not issued at
the time of the granting of a permit is thereafter issued or
sold, transferred or assigned.
(b) Whenever a conditional use permit has been granted for
any of the uses listed below, such conditional use permit shall
not be transferable:
( 1 ) Convenience markets combined with gasoline
stations ;
( 2 ) Adult businesses , defined in Article 975 ;
( 3 ) Dancing and/or live entertainment as a primary or
secondary use;
(4 ) Teen dancing for patrons under the age of
twenty-one ( 21) years ; and
(5 ) Fortunetelling.
SECTION 4. This ordinance shall take effect thirty days
after its passage.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the
day of 1985 .
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk �e.�/ �S City Attorney /)
5 .
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City Administrator rector o evelopment
Services
RCS :ahb
0645L/3808 _
10/11/85
6 .
f
AuthoPized to Publish Advertisements of all kinds Including public
notices by Decree of the Superior Court of Orange County,
California, Nilmber A-6214, dated 29 September, 1961, and
A-24831, dated 11 June, 1963. /
STATE OF CALIFORNIA
County of Orange bPublicy
Notice it is sett corned
Oy IMe afildavil le set m 7 point
with 10 pica Column width
I am a Citizen of the United States and a resident of
the County aforesaid; I am over the age of eighteen ����' llre
cll
years, and not a party to or interested in the below �,
ate:
i
entitled matter. I am a principal clerk of the Orange (, at o
Coast DAILY PILOT, with which is combined the
NEWS-PRESS, a newspaper of general circulation, •
—"Aie as follows:convenience
printed and published in the City of Costa Mesa, PUBLIC NOTICE markets combined with
Count of Orange, State of California, and that a gasoline- stations, adult
Y g NOTICE OF 1,entertainment, dancing
Notice Of Public Hearing PUBLIC HEARING and/or live entertainment as
CODE'AMENDMENT a primary or secondary use,
HO.W20 I teen dancing, fortune-tell-
CONDITIONAL USE ing, day care centers and
PERMITS FOR I day. nurseries, temporary
COMMERCIAL uses, amusement
ESTABLISHMENTS enterprises and game
of which copy attached hereto is a true and complete INCLUDING ADULT arcades. The proposed,
ENTERTAINMENT amendment further requires
copy, was printed and published in the Costa Mesa, NOTICE IS HEREBY the Planning Commission to,I
(',GIVEN that the Huntington consider whether a
Newport Beach, Huntington Beach, Fountain Valley, Beach City Council will hold proposed adult entertain-,
a Public Hearing in the ment business is in a family-
Irvine, the South Coast communities and Laguna iCouncil Chamber at the oriented location when con-
'Huntington Beach Civic sidering a conditional use
Beach issues of said newspaper for 1 time center, 2000 Main Street, permit for such businesses.
Huntington Beach, Cali- ENVIRONMENTAL
XOMMUL79iMx "to wit the issue(s) of �fornia,on the clateand at the STATUS: Negative Declar-
time indicated below to re- atlon No..85-62 assessing
ceive,and consider the state- the environmental effects of
jments of all persons who said Code Amendment will
wish to be heard relative to also be considered by Coun-
;the application described cil.
below. ON FILE: A copy of-the
October 1 1 198 5 DATE: Monday, October proposed Code Amendment
21,1985 is on file In the Department
TIME:7:30 P,M. of Development Services.
APPLICATION NUMBER: ALL INTERESTED PER-
198 Code Amendment No.85-20 SONS are invited to attend
LOCATION:City-wide (said hearing and express
PROPOSAL: An Amend- opinions or submit evidence
ment to Article 975 (Adult for or against the application
198 1 Entertainment' Businesses) as outlined above.All appii-
Article 943 (Community',cations, exhibits, ,and de-
Business District), Article scriptions of this proposal
945 (General Business Dis- are on file with the Office of
198 trict), Article 947 (Highway the City Clerk, 2000 Main
Commercial District) and iStreet, Huntington Beach,
Article '933 (Unclassified,, for inspection byl
198 Uses). The Code Amend- ,California,the public.
ment establishes that Con HUNTINGTON BEACH
ditional Use Permits for cer- CITY COUNCIL,.By: Alicia
tain uses are granted to the M. Wentworth, City Clerk,
1 operator,do not run with the Phone(714)06-5405
land and are not trans- Published Orange Coast
1 declare, under penalty of perjury, that the ferable to another owner or (Daily Pilot October 11 1985
foregoing is true and correct. operator upon sale of
f-1 '
�,business. Those uses of-� '
fected,by the amendment
Executed on October 15 , 198 5
at Costa Mesa, California.
Signature2 -
5 � � �