Loading...
HomeMy WebLinkAboutUrgency Ordinance 2810 - Article 975 - Extension of time for QUEb FOR CITY COUNCILAC TION Date November 19 , 1985 Submitted to: Honorable Mayor and City Council Submitted by: Charles W. Thompson, City Administr or - Prepared by: James W. Palin, Director , Development Service Subject: URGENCY ORDINANCE (ARTICLE 975 - EXTENSION OF IME FOR NON-CONFORMING ADULT ENTERTAINMENT BUSINESSES) Consistent with Council Policy? Yes [ ] New Policy or Exception / � 6. -� p/0 Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: CJ i STATEMENT OF ISSUE: The attached Urgency Ordinance will extend the extension of time for non-conforming adult entertainment businesses until June 4 , 1986 . The present extension of time expires on December 4, 1985. The new extension of time is necessary to allow time for consideration and adoption of Code Amendment No. 85-20 which will affect non-conforming adult entertainment businesses . RECOMMENDATION: Adopt the attached Urgency Ordinance to extend non-conforming adult entertainment businesses until June 4, 1986 . ANALYSIS: Article 975 (Adult Entertainment Businesses ) required that all non-conforming adult entertainment businesses be brought into conformance with Article 975 by December 2, 1984, or be discontinued. In November, 1984, amendments were proposed to Article 975. In order to allow time for adoption of the amendments, the non-conforming businesses were granted an extension of time before they would be required to be brought into conformance . The extension of time has been extended twice as consideration of the proposed code amendment has been continued. The extension of time for non-conforming businesses is presently scheduled to expire on December 4, 1985 . On November 4, 1985, the City Council denied the code amendment , scheduled a public hearing on the item for January 6, 1986, and directed staff to prepare an Urgency Ordinance to continue the extension of time for six months . The attached Urgency Ordinance continues the extension of time for nonconforming businesses to June 4 , 1986 . FUNDING SOURCE: No funds required. P10 4/84 ALTERNATIVE ACTION: The City Council may not adopt the extension of time for non-conforming uses. This would retain the requirement that non-conforming businesses terminate or be brought into conformance by December 4, 1985. ATTACHMENTS: 1 . Urgency Ordinance JWP:HS: kla RCA - 11/19/85 -2- ( 3663d ) koese ORDINANCE NO. 2810 AN URGENCY ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING HUNTINGTON BEACH ORDINANCE CODE SECTION 9754.1 TO FURTHER EXTEND TIME FOR AMORTIZATION OF NONCONFORMING ADULT ENTERTAINMENT 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 section 9754.1 to read as follows: 9754.1. EXTENSION OF NONCONFORMING ADULT ENTERTAINMENT BUSINESSES. All 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. SECTION 2. This ordinance is hereby declared to be an urgency ordinance, pursuant to city Charter section 501, because of the necessity to allow the city sufficient time to consider, study, and formulate alternative zoning proposals for adult businesses and shall be in full force and effect upon adoption. The City Clerk shall certify to the passage of this ordinance and shall cause same to be published within fifteen days in a newspaper of general circulation. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 18th day of November 1985. Mayor ATTEST: APPRO ED. AS TO FORM 10 City Clerk City torne 1. REVIEWED-AND APPROVED: INITIATED AND APPROVED: Z47,�t,4 City Administrator Director o Development Services #3692/0713L mf 2. Emergency Ord. No. 2810 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. i CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified and acting City Clerk of the City of Huntington Beach and ex-officio Clerk of the City Council of the said City, do hereby certify that the foregoing ordinance was read to the City Council of the City. of Huntington Beach at a regular meeting thereof held on the 18th day of November 19 B5 , and was passed and adopted by at least four-fifths (4/5) affirmative votes of said City Council. AYES: Councilmen: Kelly, MacAllister, Bailey, Mandic, Finley, Green, Thomas NOES: Councilmen: None ABSENT: Councilmen: None City Clerk and ex^officio Clerk - of the City Council of the City of Huntington. Beach, .California 1. Alicia M, Went"rth MY CLERK of the City �t Kvn*%?tan Beach and ex,00"do Clerk of the Council.do hereby certity *,. it a synapsis of ) ordinance lia., been i:ui.,lst-,d in the.Hunting•:•.• Beach h:.:t= ..e A on } Vz tr, : .s h the C:y t.>, •,. r,l =CIA M, WENTWORTM ................................. deputy City Cterk d/ fe CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMU (CATION . HUNTINGTON BEACH '77 To Charles W. Thompson ro James W. Pal,.- , -.Di ctor , City Administrator Q Development Services Subject CODE AMENDMENT NO. 35-20 Date October 30, 1985 ADULT BUSINESSES ( AGENDA ITEM F-1 ) On October 21 , 1985 , the City Council considered Code Amendment No. 85-20 ( Adult Businesses ) . The amendment was to establish non-transferable conditional use permits for Adult Businesses ( as well as for Convenience Markets , Adult Dancing, Teen Dancing and Fortune-Telling) . Other than establishing non-transferable conditional use permits , the ordinance ,made only minor cleanup revisions to the Adult Business Code ( Article 975 ) which has been effective since 1981 . At the October 21 meeting, the City Council listened to public testimony and then closed the public hearing and continued their decision t-o November 4 , 1985 . The public testimony raised _several issues which should be briefly addressed: There are no relocation areas available in the City for non-conforming massacre parlors to move to. Th.e San Diego Massage Ordinance should be adopted. Notices of public hearing for massage parlors should not be expanded beyond '300 feet . in regard to the first issue, staff has researched the availability of locations in the City which meet the locational criteria of Article 975 and has identified approximately 50 commercial locations which will work . The previously proposed definition of Family-Oriented would have eliminated many of the 50 locations and staff dropped the definition for that reason . In terms of the availability of vacant leaseable space, staff does not feel it is the City ' s responsibility to guarantee such availability, nor to guarantee that surrounding residents and business tenants will rind the proposed use acceptable. The public testimony also mentioned a San Diego zoning ordinance .which differentiates between "recreational massage" and "therapeutic massage . " Staff has not seen this ordinance, however , it is anticipated that all of the existing massage parlors in town would fall under the term "recreational massage" rather than "therapeutic massage" since they are not operated in conjunction with other medical services or sanctighs . Additionally, Gail Hutton p,o,inted Memo: Code Amendment No. ,85-20 Page Two ` out at the meeting that the City Municipal Code S . 5 . 24 .150i 'exempts a wide range of uses which may be associated with "therapeutic massage" from the massage parlor regulations of the City. The third issue involved tree expansion by Development Services of the notification radius for the public hearing required f.or a' Conditional USe Permit for Adult Business . The City is required by State law to notify a minimum radius of 300 feet around a proposed location . State law does not prevent a City from notifying a larger area if so desired. In the cases cited in the public testimony where staff expanded the notification area, such expansion ,was done in response to Planning Commission direction to do so after citizen displeasure with the minimum 300 foot notice. in reviewing the proposed Code Amendment, it is important �o-:_keep in mind that the proposed changes to the Adult Business Code ar.e minor and that the ordinance has been effective for four years . Staff is not proposing a new ordinance to the City Council which has not been utilized elsewhere. The ordinance was modeled after similar ordinances in effect. across the Country and this fact has not changed . uS : 1p ( 3601d ) REQUE%r. FOR I Y COUNCI' ACTION Date Submitted to: II Honorable Mayor and City Council Submitted by: Q #/Charles W. Thompson , City Administrator %t games W. Palin , Director , Development Services o Prepared by:! CODE AMENDMENT NO. 85-20/NEGATIVE. DECLARATION NC. 85-62 Subject:�0� rr m ^ION-TRANSFERABLE CONDITIONAL USE ( AD( ,. BUSINESSES .AND PERMITS FOR SPECIFIED USES ) Consistent�l ith Council Policy? I l Yes New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: . STATEMENT OF ISSUE: Article 975 ( 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 req. for Adult Entertainment Businesses Conditional Use Permit re -un 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 ,;uly 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 recom,^:ended Code Amendment . The City Attorney and the Planning Commission had been opposed to the staff recommendation orConditional After Usingeriits to run with the operator of adultbusinesses . Administration , the City Attorneys 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 tr 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 985 hen the amortization order for the Code Amendment to be effective by December 4 , 198 w 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 . 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 Vlaced 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 84 ) 9841 .4 .1 is an addition to the Conditional Use Permit (Article 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 ) contain; 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-conforTin.g 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 Jl.P: HS: lp (3466d) (3466d ) R.C.A. -4- t . ` Publish Y ,/10/85 NOTICE OF PUBLIC HEARING CODE AMENDMENT NO 85-20 CONDITIONAL USE PERMITS FOR COMMERCIAL ESTABLISHMENTS INCLUDING ADULT ENTERTAINMENT 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: Monday, October 21, 1985 TIME: 7:30 P. M. APPLICATION NUMBER: Code Amendment No. 8 5-20 LOCATION: City Wide PROPOSAL: An Amendment to Article 975 (Adult Entertainment Businesses) Article 943 (Community Business District) , Article 945 (General Business District), Article 947 (Highway Commercial District) and Article 933 (Unclassified Uses) . The Code Amendment 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 amen#ents are as follows: convenience markets combined with gasoline stations, adult entertainment, dancing and/or live entertainment as a primary or secondary use, teen dancing, fortune-telling, day care centers and day nurseries, temporary uses, amusement enterprises and game arcades. The proposed amendment further requires the Planning Commission- to consider whether a proposed adult entertainment business is in a family-oriented location when considering a conditional use permit for such businesses. ENVIRONMENTAL STATUS: Negative Declaration No. 85-62 assessing the environmental effects of said Code Amendment will also be considered by Council. ON FILE: A copy of the proposed Code Amendment is on file in the Department of Development Services. 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 NOTICE OF PLANNING COMMISSION PUBLIC' HEARING OCTOBER , 1985 CODE- AME`�r -D'M-ENT=NO,.�85.-2.0 Applicant 's Name: 1Ue8ivpeclarz��un Il�o ' $5--62 CITY ,OF HUNTINGTON BEACH tea,.,LOC2 iUh e �i��1.Jid�" . NOTICE IS HEREBY GIVEN that .a public hearing Will be held before the Huntington Beach - i- for the purpose of considering: ;� unrtf An amendment, to Article 975 (Adult Entertainment Businesses ) 943 (Community Busine-�s District) , Article 945 ' (-Ceneral Business D�.strict ) , Article 947 ( Highway Commercial District ) and Article 933 (Unclassified Uses ) . The Code Amendment establishes that Conditional Use Permits for certain uses are granted to Brie 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 areas follows: convenience markets combined with gasoline stations , adult enter4-:iinment, dancing and/or live entertainment as a primary or .a-condary use, teen dancing, fortune-telling, day care centers and day ,nurseries, temporary uses , amusement enterprise- and game arcades . The proposed amendment further requires trt= Planning Commission to consider whether a proposed adult ente-r`.:�,[nment business is in a family-oriented location when considering a conditional use permit for such business. Moh�a The public hearing on the proposal will be held on October 21 ><, 1985, at 7 :4 p.m. in the City Council Chamber , Civic Center , 2000. Main Street.. Huntington Beach , California 92648., at which time and place written and. oral testimony will be presented. M Any person desiring further information regarding this matter may contact Hal Simmons , Assistant Planner , , at '( 714 ) 536-5271 . James W. Palin , Secretary ;; Huntington Beach Planning Commission JWP:HS:kla (3392d ) CODE AMENDMENT NO. 8.5-20 ORDINANCE NO. 2807 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 City Council of the City of Huntington Beach does ordain as follows: SECTION 1 . Section 9754 .1 of the Huntington Beach a 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 . T.) 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 be permitted 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 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 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 phrase is used: (a) "Adult business" - either (1) any business which is conducted exclusively for the patronage of adults and 40/yo from which minors are specifically excluded f90 04� 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 or 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 LOCATIOPT. � yb �I�`i� / /� No conditional use permit shall be granted )5�/ for -any adult X busi- ness 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 O�JX��00 frequented by minors; or (c) Within one thousand ( 1000) feet of any. lot . upon which there is located any other .adult .04i 0�4AA (�00� business, de— fined in section 9751 of this article; or ' For purposes of this article, all distances shall be measured in .a.straight line, without regard to inter- , vening structures or objects , from the nearest point of the portion of the building or structure where said adult X business is 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 OX{XX�o$ 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 WOOXAft$�/BUSINESSES. All adult 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 �EXXg� hereof not later 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 NONTRANSFERABLE CONDITIONAL USE PERMITS. (a) No nontransferable 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, shall 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 partnership and 4. one or more of the partners should die, one or more of the sur- viving partners may acquire, 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: X?L"� City Clerk City Attorney n 5 . REVIEWED AND APPROVED: INITIATED AND APPROVED: City Admi strat r rector of Development Services RCS:ahb 0645L/3808 10/11/85 6 . ORDINANCE NO. 2 z t AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING SECTION 9754.1; AND AMENDING SEC- TIONS 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 City Council of the City of Huntington Beach does ordain as follows: SECTION 1 . 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 con- ditiional 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 fol- lowing uses may be permitted subject to issuance of a con- 1 . ditional 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 be permitted subject to issuance of a condi- tional 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 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 pro- vided in section 9841.4 .1 . 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 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 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 en- gage in specified sexual activities; or (3 ) any other business or establishment which offers its patrons services or enter- tainment characterized by an emphasis on matter depicting, ex- posing, 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 2 . 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 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 or 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 state, even if completely and opaquely covered. 9753 LIMITATION ON LOCATION. No conditional use permit 3 . r shall be granted for any adult business if the proposed loca- tion 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 fre- quented by minors; or (c) Within one thousand (1000) feet of any lot upon which there is located any other adult business , defined in section 9751 of this article; or For purposes of this article, all distances shall be mea= sured in a straight line , without regard to intervening struc- tures or objects , from the nearest point of the portion of the building or structure where said adult business is located to the nearest property line of any lot or premises zoned for res- idential use, or to the nearest property 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 business . 9754 NONCONFORMING ADULT BUSINESSES. All adult busi- nesses, as defined in section 9751 o this article, which were lawfully in existence on the effective date of this article (December 2 , 1981) and which were rendered nonconforming there- by shall be discontinued or brought into full compliance with the provisions hereof not later 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 NONTRANSFERABLE CONDITIONAL USE PERMITS. (a ) No nontransferable 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, shall 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 partnership and one or more of the partners should die, one or more of the sur- viving partners may acquire, 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 4 . 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: jot-;_40 zc't� City Clerk ��_//_dam City Attorney REVIEW APPROVED: INITIATED AND APPROVED: ----City Administrator i ecto of eve opment Services RCS:ahb 0908L/3808 10/11/85 5 .