HomeMy WebLinkAboutZoning Text Amendment (ZTA) 95-2 - Adult Business - Ordinanc 1.
Council/Agency Meeting Held: Gl�s-T
BeMTTVd/Continue o:
Tvr-
Approved ❑ Conditionally Approved ❑ Denied Ci Clerk's Signatur
Council Meeting Date: June 5, 1995 Department ID Number: CD 95-20r1
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: MICHAEL T. UBERUAGA, City Administr or
PREPARED BY: MELANIE FALLON, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: ZONING TEXT AMENDMENT NO. 95-2 (Adult Business Ordin ce)
Statement of Issue,Funding Source,Recommended Action,Alternative Action,Analysis,Environmental Status,Attachments)
O 3 a.06
s rya Bl G/S /gt.Lo- �
Statement of Issue: Transmitted for City Council consideration is a revised adult business
ordinance reflecting the changes requested by the Council at their May 1, 1995, meeting
relative to Zoning Text Amendment No. 95-2. The ordinance amends the adult business
location criteria contained in Section 211.04 of Chapter 211 in the Huntington Beach Zoning
and Subdivision Ordinance.
Funding Source:
Not applicable.
Recommended Action:
Approve the introduction of Ordinance 32P6 of the City of Huntington Beach by amending
Section 211.04 of the Huntington Beach Zoning and Subdivision Ordinance relating to land
use controls for commercial districts (adult business locational criteria).
Alternative Action(s):
Take no action and allow the ordinance to remain as presently worded.
Rr-QUEST FOR COUNCIL ACTIuN
MEETING DATE: DEPARTMENT ID NUMBER:CD 95-20r1
Analysis:
At the City Council meeting of May 1, 1995, the City Council held a public hearing and
considered two options for amending the Adult Business Ordinance. After closing the public
hearing, the City Council directed staff to amend the wording to reflect the language existing
prior to adoption of the Zoning and Subdivision Ordinance in October 1994 and return with
the ordinance. The language will require any adult business to be greater than 500 feet
from an "educational facility frequented by minors."
Attached is the amended ordinance and the legislative draft indicating the changes which
will occur in Chapter 211 of the Huntington Beach Zoning and Subdivision Ordinance upon
approval of this ordinance.
Environmental Status:
The proposed project is covered by Negative Declaration No. 91-32, adopted by the City
Council on September 20, 1994.
Attachment(s):
NumberCity Clerk's
Page
1. Ordinance No. ���.
2. Legislative Draft
3. RCA dated May 1, 1995
CD9520W.DOC -2- 05/30/95 2:21 PM
ATTACHMENT 1
1 '1
ORDINANCE NO. 3 2 8 6
AN ORDINANCE OF THE CITY HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH ZONING AND SUBDIVISION
ORDINANCE BY AMENDING SECTION 211.04 THEREOF RELATING
TO LAND USE CONTROLS FOR COMMERCIAL DISTRICTS
WHEREAS,pursuant to the California State Planning and Zoning Law, the Huntington
Beach Planning Commission and Huntington Beach City Council have held separate, duly noticed
public hearings relative to amending Chapter 211 of the Huntington Beach Zoning and
Subdivision Ordinance, wherein both bodies have carefully considered all information presented at
said hearings; and
After due consideration of the findings and recommendations of the Planning Commission
and all other evidence presented, the City Council finds that the aforesaid amendment to Chapter
211 of the Huntington Beach Zoning and Subdivision Ordinance is proper and consistent with the
General Plan,
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
ordain as follows:
SECTION 1. That the Huntington Beach Zoning and Subdivision Ordinance, Chapter
211 Commercial Districts, Section 211.04 CO, CG, and CV Districts: Land Use Controls,
Subpart (C) Additional Provisions, is hereby amended to read as follows:
(C) The exterior walls of a proposed adult business or tattoo establishment shall be at
least 200 feet from any lot zoned for residential use, 500 feet from any educational facility
frequented by minors, 500 feet from any building used for religious assembly, and at least
1,000 feet from another adult business. For purposes of these requirements, all distances
shall be measured in a straight line from the nearest point of the portion of the building
where the adult business or tattoo establishment is to be located to the nearest lot line of
any lot or premises zoned for residential use or the nearest lot line on which an educational
1 �
4\G:Amd211-2\5/23/95
RLS 95-108
1 I I
facility frequented by minors, building used for religious assembly, or another adult
business or tattoo establishment is located.
See Chapter 5.70: Adult Business; Chapter 5.24: Baths, Sauna Baths, and massage
Establishments; Chapter 5.60: Figure Model Studios; Chapter 8.70: Tattooing
Establishment.
SECTION 2. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 5TH day of JULY , 1995.
/Zzz 9, r r-
Mayor �
ATTEST: APPROVED AS TO FORM:
4� `
City Clerk pity, ttorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City Administrator or of unit Devlent
2
4\G:211523\5/23/95
RLS 95-108
Ord. No. 3286
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing ordinance was read to said City Council
at an regular meeting thereof held on the 5th of June, 1995, and was again read to said
City Council at an adjourned regular meeting thereof held on the 5th of July, 1995,
and was passed and adopted by the affirmative vote of at least a majority of all the
members of said City Council.
AYES: Councilmembers:
Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo
NOES: Councilmembers:
None
ABSENT: Councilmembers:
None
City Clerk and ex-officio C erk
of the City Council of the City
of Huntington Beach, California
G/kw/indexes/ordbkpg
7/6/95
ATTACHMENT 2
LEGISLATIVE DRAFT
(C) The exterior walls of a proposed adult business or tattoo establishment shall be at
least 200 feet from an R diet any lot zoned for residential use, 500 feet from
publie or-private seheel. any educational facility frequented by minors; 500
feet from any eT--building used for religious assembly, and at least 1,000 feet from
another adult business. For purposes of this these requirements, all distances shall be
measured in a straight line from the nearest point of the portion of the building where
the adult business or tattoo establishment is to be located to the nearest lot line in I�
dist-rie4 of any lot or premises zoned for residential use or the nearest lot line on
which an educational facility frequented by minors, a-seheel,building used for
religious assembly, or another adult business or tattoo establishment is located.
See Chapter 5.70: Adult Business; Chapter 5.24: Baths, Sauna Baths, and massage
Establishments; Chapter 5.60: Figure Model Studios; Chapter 8.70: Tattooing
Establishment. ��..�
ATTACHMENT 3
Council/Agency Meeting Held:
Deferred/Continued to:
naty�Appaav ed City Clerk's Signatu`
Council Meeting Date: May 1, 1995 Department ID Number: CCilbl 2p 0 995
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS J _a
SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator 1 tom_
-4111� ,�
.11
PREPARED BY: MELANIE S. FALLON, Community Development Direct Y
SUBJECT: ZONING CODE AMENDMENT NO. 95-2 (Adult Business Ordinance)
Statement of issue,Funding Source,Recommended Action,Alternative Action,Analysis,Environmental Sta s ttachment(s)
Statement of Issue: O►-d 3z8�
Transmitted for City Council consideration is Zoning Code Amendment No. 95-2 which
represents a request by the City of Huntington Beach, Community Development Department,
to amend the adult business locational criteria. The amendment will clarify the separation
criteria applicable to schools and apply to separation from any property zoned for residential
uses. The Planning Commission and staff agree on most components of the amendment.
The only difference between the two ordinances (Planning Commission recommendation
and staff recommendation) presented in this report is that the Planning Commission is
recommending the ordinance be amended to prohibit an adult business within 500 feet of a
college; staff is recommending an amendment to permit an adult business within 500 feet of
a college.
Fundinq Source:
Not Applicable
Recommended Action:
Planninq Commission Recommendation:
Motion to:
Approve Zoning Code Amendment No. 95-2 (prohibiting an adult business within 500 feet of
a college) with findings (Attachment No. 1) and adopt Ordinance No. (Attachment
No. 2)." 9 '
i A
REQUEST FOR COUNCIL ACTION
MEETING DATE: May 1, 1995 DEPARTMENT ID NUMBER: CD 95-20
PLANNING COMMISSION ACTION ON MARCH 28. 1995:
THE MOTION MADE BY LIVENGOOD, SECONDED BY HOLDEN, TO APPROVE ZONING
CODE: AMENDMENT NO. 95-2 WITH A MODIFICATION AND FINDINGS AND TO
RECOMMEND APPROVAL TO THE CITY COUNCIL, CARRIED BY THE FOLLOWING
ROLL CALL VOTE:
AYES: HOLDEN, LIVENGOOD, KERINS, TILLOTSON, SPEAKER,
NOES: BIDDLE, GORMAN
ABSTAIN: NONE
ABSENT: NONE
MOTION PASSED
Planning Staff Recommendation:
Motion to:
Approve Zoning Code Amendment No. 95-2 (which allows an adult business within 500 feet
of a college) with findings (Attachment No. 3) and adopt Ordinance No. 3 2 $I g
(Attachment No. 4)."
Alternative Action(s):
The City Council may make the following alternative motions:
1. "Continue Zoning Code Amendment No. 95-2 and direct staff accordingly."
2. "Deny Zoning Code Amendment No. 95-2 with findings for denial."
Analysis:
A. History:
Since the establishment of adult business zoning regulations in the country, the courts
have upheld that adult businesses are protected by the Constitution's First Amendment.
An ordinance cannot effectively prohibit an adult business operation, however, an
ordinance may establish standards that regulate time, place and manner of an adult
business. California courts have held that a city shall issue a permit if the criteria
established by ordinance is satisfied, the business prohibits minors, no owner or employee
of the adult business has been convicted of a sex offense within the past five years, and
parking requirements are satisfied.
CD95-20.DOC -2- 04/20/95 10:10 AM
REQUEST FOR COUNCIL ACTION
MEETING DATE: May 1, 1995 DEPARTMENT ID NUMBER: CD 95-20
In 1981 the City Council adopted an ordinance regulating adult businesses because they
found that such uses may have a deleterious effect on adjacent areas, may cause a
degradation of the community standard of morality, and may lead to increased levels of
criminal,,activity. The Council determined that special regulation of these businesses was
necessary to insure that such adverse effects do not blight or downgrade surrounding
neighborhoods and to prevent concentration or clustering of these businesses. Therefore,
the ordinance included locational criteria (or distance requirements) prohibiting such uses
within certain distances of sensitive uses.
From 1981 to 1994 no adult business could be established if the proposed location was
within 200 feet of any lot zoned for residential use, within 500 feet of any lot upon which
there was located a church or "educational institution frequented by minors", or within1000
feet of any lot upon which there was located another adult business (Attachment No. 7). It
was the intent of the Council to minimize exposure of adult business uses to children.
Therefore, the original locational criteria referenced "educational facilities frequented by
minors."
In 1993, the Planning Commission approved an adult business (Paradise Specialties),
which is 220 feet from the property line of Golden West College, because it met all
aspects of the locational criteria. Specifically, it was determined by the Commission that
Golden West College was an educational institution but not "frequented by minors".
Although minors are present on the campus, the college's primary educational group is
persons 18 years and older. The minor age student enrollment consisted of less than one
percent,of the campus population.
In 1994, the comprehensive revision to the Zoning and Subdivision Ordinance included
changes to the wording for locational criteria for the purpose of clarifying the existing adult
business ordinance. The section prohibiting an adult business within "500 feet from an
educational institution frequented by minors" was changed to "500 feet from any public or
private school." This wording was changed by the consultant who prepared the original
draft of the ZSO with the intent of simplifying the ordinance. The resulting effect is that
Golden West College is considered a "public or private school", and an adult business
must be at least 500 feet from the perimeter property lines of the college. Thus, the adult
business (Paradise Specialties) previously approved in 1993 is a nonconforming use
because it is within 500 feet of the college.
B. Proposed Zoning Code Amendment
The proposed zoning code amendment as suggested by staff seeks to rectify the non-
conforming status of the recently approved adult business by changing the "500 feet from
any public or private school" to "500 feet from any public or private elementary or
secondary (K-12) school." Currently, the separation requirement applies to any public or
private school attended by children or adults which would include colleges and
universities. This goes beyond the intent of the original ordinance because it requires
separation from any public and private school, even those not "frequented by minors."
CD95-20.DOC -3- 04/20/95 3:31 PM
REQUEST FOR COUNCIL ACTION
MEETING DATE: May 1, 1995 DEPARTMENT ID NUMBER: CD 95-20
The proposed amendment would further define the types of schools (kindergarten through
twelve grade) that adult businesses must be 500 feet from. Staff is recommending this
change'to bring the language into conformance with the original ordinance.
In addition, the amendment is changing the distance requirement referencing "R district" to
"any lot zoned for residential use." This broadens the types of residential areas from
which an adult business must be separated. Presently, the separation applies to only
properties zoned R (e.g., RL - Low Density Residential, RM - Medium Density Residential,
RMH - Medium-High Density Residential, RH - High Density Residential, and RMP -
Manufactured Home Park). There are districts that are zoned commercial and specific
plan areas that allow mixed use developments (commercial and residential). This change
will require separation from the type of use rather than strictly its zoning category. It
should be noted that this change is consistent with the previous language in the zoning
code before the 1994 ZSO update.
Below is a matrix which highlights the proposed locational criteria as recommended by
staff and the Planning Commission with the current criteria contained in Section 211.04C
of the Zoning and Subdivision Ordinance and previous criteria contained in Article 975 of
the Ordinance Code:
Adult Previous Current Proposed Proposed Zoning
Business Regwrement' Requirement Zoning Amendment
Separation (prior to Oct. (as of OcIt Amendment Recommended by`.
from; 1994) 1994) Recommended Planning
by Staff Commission
Residential 200 feet from any 200 feet from 200 feet from (Concurs with staff)
property that any R district any property that
allows residential allows residential
School 500 feet from 500 feet from 500 feet from 500 feet from any
educational facility public or private any public or public or private
frequented by school private elementary or
minors elementary or secondary (K-12)
secondary (K-12) school or
school community colleqe
Church 500 feet from 500 feet from (No change) (No change)
church building used for
religious
assembly
Another 1000 feet 1000 feet (No change) (No change)
adult
business
CD95-20.DOC mil- 04/20/95 3:33 PM
REQUEST FOR COUNCIL ACTION
MEETING'DATE: May 1, 1995 DEPARTMENT ID NUMBER: CD 95-20
C. Planning Commission Meeting:
On March 29, 1995, the Planning Commission acted to recommend to the City Council
approva9 of Zoning Code Amendment No. 95-2 with one modification. They recommended
that the wording "any public or private elementary or secondary (K-12) school" include "or
community college." The majority of the Commissioners felt that adult businesses should
not be within 500 feet of a community college because there are minors who visit them. .
High school students often tour community colleges prior to a decision on which college to
attend following high school graduation. In addition, swim meets and drama activities on
.community colleges are attended by elementary school age children.
D. Discussion
Community colleges provide postsecondary education for members of the community who
seek and may benefit from such an education. They offer AA or AS degrees in academic
and vocational subjects as well as programs leading to occupation certificates. These
colleges derive benefit from public funding (tax money applicable to the community college
district), and, therefore, are considered to be public schools by the definition contained in
the ZSO. In recent years community colleges typically have provided access to the
community to the many other educational, cultural, and recreational activities of the
college.
Since the Planning Commission action on Zoning Code Amendment No. 95-2, staff has
again contacted Golden West College. The Administrative Dean of Admissions and
Records indicated that the college has an enrollment of approximately 13,000 students.
Of these, 100-200 high school students are enrolled for college credit classes. The Dean
also stated he was unaware that an adult business was located across Gothard Street,
and the only complaints the college receives relate to the arcade on Center Avenue and
general nuisances at Old World.
Although Golden West College was designed as postsecondary educational facility, other
activities occur on the site. The College rents facilities for church use and weekend swap
meets. The athletic area at the northwest side of the campus is used by a swim club for
swimmers 5-18 years of age. Various programs are conducted in the community center
near Gothard including "College for Kids." All of these activities were in operation at the
time the 1993 Planning Commission determined Golden West College was not an
"educational facility frequented by minors."
The Planning Commission's recommendation would continue the non-conforming status of
the existing adult business within 500 feet of the college and preclude any expansion of
the business. If the amendment is adopted as suggested by staff, the adult business
would be required to obtain a Conditional Use Permit for any expansion.
CD95-20.DOC -5- 04/20/95 3:33 PM
REQUEST FOR COUNCIL ACTION
MEETING DATE: May 1, 1995 DEPARTMENT ID NUMBER: CD 95-20
E. Summary
Planning,staff recommends approval of Code Amendment No. 95-3 as prepared by staff to
amend the adult business locational criteria for the following reasons:
The proposed zoning Code amendment will be similar to the previous adult business
locational criteria that had been effect for almost 15 years.
The locational criteria will continue to minimize the exposure of adult businesses to
children by restricting their locations.
The locational criteria will continue to preserve the quality of residential
neighborhoods, commercial districts, and quality of life.
The amendment is consistent with the goals and policies of the General Plan.
Environmental Status:
The proposed project is covered by Negative Declaration No. 91-32, adopted by the City
Council on September 20, 1994.
Attachments):
City Clerk's
Page Number
........................................... . ......
............................................ .....
............................................ .. .
.......................................... ..
.......................................... . ...
1. Findings for approval (Planning Commission action)
2. Ordinance No. (Planning Commission recommendation)
3. Legislative Draft (Planning Commission recommendation)
4. Findings for approval (Staff recommendation)
5. Ordinance No. (Staff recommendation)
6. Legislative Draft (Staff recommendation)
7. Previous location criteria (Section 9753 of the HBOC) dated 7/86
8 Letters supporting Planning Commission's Recommendation
MTU:MF:HZ:SH:SP
CD95-20.DOC -6- 04/20/95 3:33 PM
RCA ROUTING SHEET
INITIATING DEPARTMENT: Community Development
SUBJECT: Zoning Text Amendment No. 95-2
COUNCIL MEETING DATE: June 5, 1995
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Attached
Resolution (w/exhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney) Not Applicable
Subleases, Third Party Agreements, etc.
(Appoved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Not Applicable
Financial Impact Statement (Unbudget, over $5,000) Not Applicable
Bonds (If applicable) Not Applicable
Staff Report (If applicable) Attached
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNEQ FOR RDED
Administrative Staff
Assistant City Administrator Initial
City Administrator Initial
City Clerk
EXPLANATION FOR RETURN OF ITEM
Space . Only)
Council/Agency Meeting Held:
Deferred/Continued to: ° a
-9_Approved---O4Co iti:dnallWAppxoved�D�IIied °City Clerk's Signature
Council Meeting Date: May 1, 1995 Department ID Number: CD 95-20
061,rl�REQUEST FOR COUNCIL ACTION
- � a-
4VO ,—Or- /,t�lu o�+l ti hx.��/ o� /�� aao e� s'a— �
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS J'a
SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator 1 1.,ill—
PREPARED BY: MELANIE S. FALLON, Community Development Direct�rt� �l'
SUBJECT: ZONING CODE AMENDMENT NO. 95-2 (Adult Business Ordinance)
Statement of Issue,Funding Source,Recommended Action,Alternative Action,Analysis,Environmental Sta s ttachment(s) ✓ 8
o�l3z81 ---------------
Statement of Issue: 3 —,if
Transmitted for City Council consideration is Zoning Code Amendment No. 95-2 which
represents a request by the City of Huntington Beach, Community Development Department,
to amend the adult business locational criteria. The amendment will clarify the separation
criteria applicable to schools and apply to.separation from any property zoned for residential
uses. The Planning Commission and staff agree on most components of the amendment.
The only difference between the two ordinances (Planning Commission recommendation
and staff recommendation) presented in this report is that the Planning Commission is
recommending the ordinance be amended to prohibit an adult business within 500 feet of a
college; staff is recommending an amendment to permit an adult business within 500 feet of
a college.
Fundinq Source:
Not Applicable
Recommended Action:
Planninq Commission Recommendation:
Motion to:
Approve Zoning Code Amendment No. 95-2 (prohibiting an adult business within 500 feet of
a college) with findings (Attachment No. 1) and adopt Ordinance No. 3 (Attachment
No. 2)." '
f
e:
RLQUEST FOR COUNCIL ACTION
MEETING DATE: May 1, 1995 DEPARTMENT ID NUMBER: CD 95-20
PLANNING COMMISSION ACTION ON MARCH 28, 1995:
THE MOTION MADE BY LIVENGOOD, SECONDED BY HOLDEN, TO APPROVE ZONING
CODE AMENDMENT NO. 95-2 WITH A MODIFICATION AND FINDINGS AND TO
RECOMMEND APPROVAL TO THE CITY COUNCIL, CARRIED BY THE FOLLOWING
ROLL CALL VOTE:
AYES: HOLDEN, LIVENGOOD, KERINS, TILLOTSON, SPEAKER,
NOES: BIDDLE, GORMAN
ABSTAIN: NONE
ABSENT: NONE
MOTION PASSED
Planning Staff Recommendation:
Motion to:
Approve Zoning Code Amendment No. 95-2 (which allows an adult business within 500 feet
of a college) with findings (Attachment No. 3) and adopt Ordinance No. 3 2 $1
(Attachment No. 4)."
Alternative Action(s):
The City Council may make the following alternative motions:
1. "Continue Zoning Code Amendment No. 95-2 and direct staff accordingly."
2. "Deny Zoning Code Amendment No. 95-2 with findings for denial."
Analysis:
A. History:
Since the establishment of adult business zoning regulations in the country, the courts
have upheld that adult businesses are protected by the Constitution's First Amendment.
An ordinance cannot effectively prohibit an adult business operation, however, an
ordinance may establish standards that regulate time, place and manner of an adult
business. California courts have held that a city shall issue a permit if the criteria
established by ordinance is satisfied, the business prohibits minors, no owner or employee
of the adult business has been convicted of a sex offense within the past five years, and
parking requirements are satisfied.
CD95-20.DOC -2- 04/20/95 10:10 AM
REQUEST FOR COUNCIL ACTION
MEETING DATE: May 1, 1995 DEPARTMENT ID NUMBER: CD 95-20
In 1981 the City Council adopted an ordinance regulating adult businesses because they
found that such uses may have a deleterious effect on adjacent areas, may cause a
degradation of the community standard of morality, and may lead to increased levels of
criminal activity. The Council determined that special regulation of these businesses was
necessary to insure that such adverse effects do not blight or downgrade surrounding
neighborhoods and to prevent concentration or clustering of these businesses. Therefore,
the ordinance included locational criteria (or distance requirements) prohibiting such uses
within certain distances of sensitive uses.
From 1981 to 1994 no adult business could be established if the proposed location was
within 200 feet of any lot zoned for residential use, within 500 feet of any lot upon which
there was located a church or "educational institution frequented by minors", or within1000
feet of any lot upon which there was located another adult business (Attachment No. 7). It
was the intent of the Council to minimize exposure of adult business uses to children.
Therefore, the original locational criteria referenced "educational facilities frequented by
minors."
In 1993, the Planning Commission approved an adult business (Paradise Specialties),
which is 220 feet from the property line of Golden West College, because it met all
aspects of the locational criteria. Specifically, it was determined by the Commission that
Golden West College was an educational institution but not "frequented by minors".
Although minors are present on the campus, the college's primary educational group is
persons 18 years and older. The minor age student enrollment consisted of less than one
percent of the campus population.
In 1994, the comprehensive revision to the Zoning and Subdivision Ordinance included
changes to the wording for locational criteria for the purpose of clarifying the existing adult
business ordinance. The section prohibiting an adult business within "500 feet from an
educational institution frequented by minors" was changed to "500 feet from any public or
private school." This wording was changed by the consultant who prepared the original
draft of the ZSO with the intent of simplifying the ordinance. The resulting effect is that
Golden West College is considered a "public or private school", and an adult business
must be at least 500 feet from the perimeter property lines of the college. Thus, the adult
business (Paradise Specialties) previously approved in 1993 is a nonconforming use
because it is within 500 feet of the college.
B. Proposed Zoning Code Amendment
The proposed zoning code amendment as suggested by staff seeks to rectify the non-
conforming status of the recently approved adult business by changing the "500 feet from
any public or private school" to "500 feet from any public or private elementary or
secondary (K-12) school." Currently, the separation requirement applies to any public or
private school attended by children or adults which would include colleges and
universities. This goes beyond the intent of the original ordinance because it requires
separation from any public and private school, even those not "frequented by minors."
CD95-20.DOC -3- 04/20/95 3:31 PM
REQUEST FOR COUNCIL ACTION
MEETING DATE: May 1, 1995 DEPARTMENT ID NUMBER: CD 95-20
The proposed amendment would further define the types of schools (kindergarten through
twelve grade) that adult businesses must be 500 feet from. Staff is recommending this
change to bring the language into conformance with the original ordinance.
In addition, the amendment is changing the distance requirement referencing "R district" to
"any lot zoned for residential use." This broadens the types of residential areas from
which an adult business must be separated. Presently, the separation applies to only
properties zoned R (e.g., RL - Low Density Residential, RM - Medium Density Residential,
RMH - Medium-High Density Residential, RH - High Density Residential, and RMP -
Manufactured Home Park). There are districts that are zoned commercial and specific
plan areas that allow mixed use developments (commercial and residential). This change
will require separation from the type of use rather than strictly its zoning category. It
should be noted that this change is consistent with the previous language in the zoning
code before the 1994 ZSO update.
Below is a matrix which highlights the proposed locational criteria as recommended by
staff and the Planning Commission with the current criteria contained in Section 211.04C
of the Zoning and Subdivision Ordinance and previous criteria contained in Article 975 of
the Ordinance Code:
Adult Previous Current Proposed ; Proposed Zoning
Business Requirement Requirement Zoning Amendment..
e `aration as`of Oct:.; >Amendment :<< : Recommended b
P..:....::.:.:::.:; (pr101'>#0.Oct. {
0 1994 »»» ><Recommended: . Planning.
Residential 200 feet from any 200 feet from 200 feet from (Concurs with staff)
property that any R district any property that
allows residential allows residential
School 500 feet from 500 feet from 500 feet from 500 feet from any
educational facility public or private any public or public or private
frequented by school private elementary or
minors elementary or secondary (K-12)
secondary (K-12) school or
school community college
Church 500 feet from 500 feet from (No change) (No change)
church building used for
religious
assembly
Another 1000 feet 1000 feet (No change) (No change)
adult
business
CD95-20.DOC -4- 04/20/95 3:33 PM
R%UEST FOR COUNCIL ACTION
MEETING DATE: May 1, 1995 DEPARTMENT ID NUMBER: CD 95-20
C. Planning Commission Meeting:
On March 29, 1995, the Planning Commission acted to recommend to the City Council
approval of Zoning Code Amendment No. 95-2 with one modification. They recommended
that the wording "any public or private elementary or secondary (K-12) school" include "or
community college." The majority of the Commissioners felt that adult businesses should
not be within 500 feet of a community college because there are minors who visit them.
High school students often tour community colleges prior to a decision on which college to
attend following high school graduation. In addition, swim meets and drama activities on
community colleges are attended by elementary school age children.
D. Discussion
Community colleges provide postsecondary education for members of the community who
seek and may benefit from such an education. They offer AA or AS degrees in academic
and vocational subjects as well as programs leading to occupation certificates. These
colleges derive benefit from public funding (tax money applicable to the community college
district), and, therefore, are considered to be public schools by the definition contained in
the ZSO. In recent years community colleges typically have provided access to the
community to the many other educational, cultural, and recreational activities of the
college.
Since the Planning Commission action on Zoning Code Amendment No. 95-2, staff has
again contacted Golden West College. The Administrative Dean of Admissions and
Records indicated that the college has an enrollment of approximately 13,000 students.
Of these, 100-200 high school students are enrolled for college credit classes. The Dean
also stated he was unaware that an adult business was located across Gothard Street,
and the only complaints the college receives relate to the arcade on Center Avenue and
general nuisances at Old World.
Although Golden West College was designed as postsecondary educational facility, other
activities occur on the site. The College rents facilities for church use and weekend swap
meets. The athletic area at the northwest side of the campus is used by a swim club for
swimmers 5-18 years of age. Various programs are conducted in the community center
near Gothard including "College for Kids." All of these activities were in operation at the
time the 1993 Planning Commission determined Golden West College was not an
"educational facility frequented by minors."
The Planning Commission's recommendation would continue the non-conforming status of
the existing adult business within 500 feet of the college and preclude any expansion of
the business. If the amendment is adopted as suggested by.staff, the adult business
would be required to obtain a Conditional Use Permit for any expansion.
CD95-20.DOC -5- 04/20/95 3:33 PM
REQUEST FOR COUNCIL ACTIO41
MEETING DATE: May 1, 1995. DEPARTMENT ID NUMBER: CD 95-20
E. Summary
Planning staff recommends approval of Code Amendment No. 9573 as prepared by staff to
amend the adult business locational criteria for the following reasons:
The proposed zoning Code amendment will be similar to the previous adult business
locational criteria that had been effect for almost 15 years.
The locational criteria will continue to minimize the exposure of adult businesses to
children by restricting their locations.
The locational criteria will continue to preserve the quality of residential
neighborhoods, commercial districts, and quality of life.
The amendment is consistent with the goals and policies of the General Plan.
Environmental Status:
The proposed project is covered by Negative Declaration No. 91-32, adopted by the City
Council on September 20, 1994.
Attachment(s):
City Clerk's
Page Number
1. Findings for approval (Planning Commission action)
2. Ordinance No. (Planning Commission recommendation)
3. Legislative Draft (Planning Commission recommendation)
4. Findings for approval (Staff recommendation)
5. Ordinance No. (Staff recommendation)
6. Legislative Draft (Staff recommendation)
7. Previous location criteria (Section 9753 of the HBOC) dated 7/86
8 Letters supporting Planning Commission's Recommendation
MTU:MF:HZ:SH:SP
CD95-20.DOC -6- 04/20/95 3:33 PM
ATTACHMENT 1
Huntington Beach Planning Commission
P.O. BOX 190 CALIFORNIA 92648
March 31, 1995
City of Huntington Beach
Department of Community Development
2000 Main Street
Huntington Beach, CA 92648
APPLICANT: City of Huntington Beach, Department of Community Development, 2000
Main Street, Huntington Beach, CA 92648
REQUEST: To amend the locational criteria applicable to adult businesses.
LOCATION: City Wide
DATE OF
ACTION: March 28, 1995
FINDINGS FOR APPROVAL- ZONING (CODE) AMENDMENT NO. 95-2:
1. The zoning (code) amendment to amend the adult business locational criteria applicable to
schools that are frequented by minors (kindergarten to twelfth grade and community colleges)
and to any property zoned for residential use will continue to prevent an adverse effect upon
children.
2. The zoning (code) amendment to amend the adult business locational criteria will preserve the
quality of residential neighborhoods.
3. The adult business locational criteria as amended will continue to reduce crime, protect the
city's retail trade, maintain property values, and preserve the quality of commercial districts
and the quality of life.
4. The proposed Zoning (Code) Amendment is consistent with the following commercial
development and tourism goals and objectives of the City's General Plan. (3.4.2.7)
a. To insure commercial development that is economically viable, attractive, well related to
other land uses, and satisfies the needs of the City's residents; and
(PCCL025-I) _
b. To promote the development of services and facilities necessary to support a tourist
industry by:
(1) Continuing to diversify the economic base of the City and increasing the tax base
(2) Encouraging development of commercial complexes as centers of activity
I hereby certify the Zoning (Code) Amendment No. 95-2 was approved by the Planning
Commission of the City of Huntington Beach on March 28, 1995, upon the foregoing findings and
will be forwarded to the City Council for adoption.
Sincerely,
Howard Zelefsky, Secretary
Planning Commission
by:
Scot Hess, AICP
Senior Planner
Attachment:
Zoning (Code) Amendment No. 95-2 approved language.
(PCCL 025-2) -
ATTACHMENT 221
(PLANNING COMMISSi jiv RECOMMENDATION) � ' ,
ORDINANCE NO. 3 l
AN ORDINANCE OF THE CITY HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH ZONING AND SUBDIVISION
ORDINANCE BY AMENDING SECTION 211.04 THEREOF RELATING
TO LAND USE CONTROLS FOR COMMERCIAL DISTRICTS
WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington
Beach Planning Commission and Huntington Beach City Council have held separate, duly noticed
public hearings relative to amending Chapter 211 of the Huntington Beach Zoning and
Subdivision Ordinance, wherein both bodies have carefully considered all information presented at
said hearings; and
After due consideration of the findings and recommendations of the Planning Commission
and all other evidence presented, the City Council finds that the aforesaid amendment to Chapter
211 of the Huntington Beach Zoning and Subdivision Ordinance is proper and consistent with the
General Plan,
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
ordain as follows:
SECTION 1. That the Huntington Beach Zoning and Subdivision Ordinance, Chapter
211 Commercial Districts, Section 211.04 CO, CG, and CV Districts: Land Use Controls,
Sopart (C) Additional Provisions, is hereby amended to read as follows:
(C) The exterior walls of a proposed adult business or tattoo establishment shall be at
least 200 feet from any lot zoned for residential use, 500 feet from any public or private
elementary or secondary (K-12) school or community college, 500 feet from any building
used for religious assembly, and at least 1,000 feet from another adult business. For
purposes of these requirements, all distances shall be measured in a straight line from the
nearest point of the portion of the building where the adult business or tattoo
establishment is to be located to the nearest lot line of any lot or premises zoned for
1
4\G:Amd211-2\4/21/95
RLS 95-108
(PLANNING COMMISSioIN RECOMMENDATION)
residential use or the nearest lot line on which an elementary or secondary (K-12) school,
community college, building used for religious assembly, or another adult business or
tattoo establishment is located.
See Chapter 5.70: Adult Business; Chapter 5.24: Baths, Sauna Baths, and massage
Establishments; Chapter 5.60: Figure Model Studios; Chapter 8.70: Tattooing
Establishment.
SECTION 2. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the day of 1995.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk ity torney F-e w z ll f f
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City Administrator �� Director of Community Development
2
4\G:Amd211-2\4/21/95
RLS 95-108
ATTACHMENT 3
(PLANNING COMMISSI , RECOMMENDATION)
LEGISLATIVE DRAFT
(C) The exterior walls of a proposed adult business or tattoo establishment shall be at
least 200 feet from any lot zoned for residential use, an D distriet, 500 feet from
any public or private elementary or secondary (K-12) school or community
college, of 500 feet from any building used for religious assembly, and at least 1,000
feet from another adult business. For purposes of this these requirements, all distances
shall be measured in a straight line from the nearest point of the portion of the building
where the adult business or tattoo establishment is to be located to the nearest lot line of
any lot or premises zoned for residential use in the D dist or the nearest lot
line on which a an elementary or secondary (K-12) school, community
college, building used for religious assembly, or another adult business or tattoo
establishment is located.
See Chapter 5.70: Adult Business; Chapter 5.24: Baths, Sauna Baths, and massage
Establishments; Chapter 5.60: Figure Model Studios; Chapter 8.70: Tattooing
Establishment.
ATTACHMENT 4
STAFF RECOMMENDATION
FINDINGS FOR APPROVAL- ZONING(CODE)AMENDMENT NO. 95-2:
1. The zoning (code) amendment to amend the adult business locational criteria
applicable to schools that are frequented by minors (kindergarten to twelfth grade) and
to any property zoned for residential use will continue to prevent an adverse effect
upon children.
2. The zoning (code) amendment to amend the adult business locational criteria will
preserve the quality of residential neighborhoods.
3. The adult business locational criteria as amended will continue to reduce crime,
protect the city's retail trade, maintain property values, and preserve the quality of
commercial districts and the quality of life.
4. The proposed Zoning (Code) Amendment is consistent with the following commercial
development and tourism goals and objectives of the City's General Plan. (3.4.2.7)
a. To insure commercial development that is economically viable, attractive, well
related to other land uses, and satisfies the needs of the City's residents; and
b. To promote the development of services and facilities necessary to support a
tourist industry by:
(1) Continuing to diversify the economic base of the City and increasing the tax
base
(2) Encouraging development of commercial complexes as centers of activity
gApierce\0187
ATTACHMENT 5
(STAFF RECOMMEND N) &,flu
ORDINANCE NO.
AN ORDINANCE OF THE CITY HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH ZONING AND SUBDIVISION
ORDINANCE BY AMENDING SECTION 211.04 THEREOF RELATING
TO LAND USE CONTROLS FOR COMMERCIAL DISTRICTS
WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington
Beach Planning Commission and Huntington Beach City Council have held separate, duly noticed
public hearings relative to amending Chapter 211 of the Huntington Beach Zoning and
Subdivision Ordinance, wherein both bodies have carefully considered all information presented at
said hearings; and
After due consideration of the findings and recommendations of the Planning Commission
and all other evidence presented, the City Council finds that the aforesaid amendment to Chapter
211 of the Huntington Beach Zoning and Subdivision Ordinance is proper and consistent with the
General Plan,
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
ordain as follows:
SECTION 1. That the Huntington Beach Zoning and Subdivision Ordinance, Chapter
211 Commercial Districts, Section 211.04 CO, CG, and CV Districts: Land Use Controls,
Subpart (C) Additional Provisions, is hereby amended to read as follows:
(C) The exterior walls of a proposed adult business or tattoo establishment shall be at
least 200 feet from any lot zoned for residential use, 500 feet from any public or private
elementary or secondary (K-12) school, 500 feet from any building used for religious
assembly, and at least 1,000 feet from another adult business. For purposes of these
requirements, all distances shall be measured in a straight line from the nearest point of the
portion of the building where the adult business or tattoo establishment is to be located to
the nearest lot line of any lot or premises zoned for residential use or the nearest lot line
1
4\G:Amd21132\4/19/95
RLS 95-108
(STAFF RECOMMENT T �N)
on which an elementary or secondary(K-12) school, building used for religious assembly,
or another adult business or tattoo establishment is located.
See Chapter 5.70: Adult Business; Chapter 5.24: Baths, Sauna Baths, and massage
Establishments; Chapter 5.60: Figure Model Studios; Chapter 8.70: Tattooing
Establishment.
SECTION 2. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the day of , 1995.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk C' y i torney ?c_
zo-5s
REVIEWED AND APPROVED: MTIATED AND APPROVED:
:71&JSL
City Administrator Director of Commu ty Development
2
4\G:Amd2113 2\4/19/9 5
RLS 95-108
ATTACHMENT 6
(STAFF RECOMMENDA'i.ON)
LEGISLATIVE DRAFT
(C) The exterior walls of a proposed adult business or tattoo establishment shall be at
least 200 feet from any lot zoned for residential use, an D distriet 500 feet from
any public or private elementary or secondary (K-12) school, of 500 feet from
any building used for religious assembly, and at least 1,000 feet from another adult
business. For purposes of this these requirements, all distances shall be measured in a
straight line from the nearest point of the portion of the building where the adult
business or tattoo establishment is to be located to the nearest lot line in the v dist of
any lot or premises zoned for residential use or the nearest lot line on which a
an elementary or secondary (K-12) school, building used for religious assembly,
or another adult business or tattoo establishment is located.
See Chapter 5.70: Adult Business; Chapter 5.24: Baths, Sauna Baths, and massage
Establishments; Chapter 5.60: Figure Model Studios; Chapter 8.70: Tattooing
Establishment.
ATTACHMENT 7
9752--9754
state , even if completely and opaquely covered. (Ord. 2839 ,
18 .Jun. 1986; Ord . 2522 , 12/81 )
9152 Condi I 1o11.1I Ilse permit . Notwithetandind any muni c-
c cicTe, _no pei rson uh-01 estalilish, 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
first having obtained a conditional use permit therefor, pur-
suant to provisions contained in this code. (Ord. 2839, 18
Jhun 86; Ord. 2522 , 12/81)
9753 Limitation on location. No conditional use permit
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 frequented
by minors; or
(c) Wi t hitt ()tw t hOuscitid ( 1000 ) feet Of dny lot upon which
there is loc&t ed atty c>ther adult business defined in section
9751 of this girt tc: le .
For the purposes of this article, all distances shall oe
measured in a straight line, without regard to intervening
structures 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
residential 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 .
(Ord . 2839, 18 .Tun 86; .Ord . 2522 , 12/81 )
9754 Violation and penalty. (a) Every person, whether
acting as an individual owner, employee of the owner, operator
or employee ofttie operator , or whether acting as a .mere nelper
for the owner , employer or operator, or whether acting as a
participant or worker who in any way operates , manages or con-
ducts any adult 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 o:f a
MISDEMEANOR. A.-,v ;person violating any of the provisions of
this article sisal . be fined not less than one hundred dollars
( $l0U) for each offense, anti each day, or portion thereof,
7/86 `"�
ATTACHMENT 8
Y& s h1 te e
0
njC ion
sports divisioli
April 3 , 1995 APR 51995
Honorable Victor Leipzig
Mayor
City Council Members k11TY CO(I.
City of Huntington Beach
2000 Main St.
Huntington Beach, CA 92648
Dear Mayor Leipzig and City Council Members,
It is our understanding that the Planning Commission is asking that
an ordinance regarding the location of "Adult Businesses" be
changed. The change would include community colleges in the 500
foot requirement which presently includes K-12 and private schools.
We support the addition of community colleges to the ordinance.
We are tenants of the College Country Center which is adjacent to
Golden West College. Within our complex there is an "Adult
Business" which would like to expand. This plaza also accommodates
several family-oriented businesses including a children's clothing
shop, a model train store, a family hair salon, a college
bookstore, a teen driving school, and a family restaurant.
We are a Christian sports organization with high ethical and moral
values. The expansion of this "Adult Business" would be
disheartening to us, to our athletes and to other family-oriented
businesses in our complex.
Thank you for your work in maintaining the integrity of the City of
Huntington Beach.
Sincerely,
�. 5(fl-�Z
Kathy chultz
Athletes in Action Softball Director
SOFTBALL
7400 Center Avenue, Suite 201 • Huntington Beach, California 92647 • 714.379.5628 • FAX:714.379.5630 • Wendel Deyo,AIA National Director
A Ministry of Campus Crusade for Christ International
The Paul Revere Os D
iariable Annuity Insurance
Company
A Sum6ay a Te&m Im
4A
Southern California
March 29, 1995 Regional Annuities Office
7400 Center Ave. — Suite 202
Huntington Beach, CA 92647
Honorable Victor Leipzig Tel: (714) 898-2110
Mayor
City Council Members
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Dear Mayor Leipzig and City Council Members,
It is our understanding that the Planning Commission is
asking that an ordinance regarding the location of "Adult
Businesses" be changed. The change would include community
colleges in the 500 foot requirement that presently includes
K-12 and private schools.
We support the addition of community colleges to the
ordinance.
We are tenants of the College Country Center in which an
"Adult Business" is located. They would like to expand.
This plaza has quite a few family-oriented businesses here.
There is .a children's clothing shop, a model train store,- a
college bookstore, a family hair salon, a fast food
restaurant, a teen driving school and a family restaurant.
Golden West College is right across the street.
We are an insurance company and we sell to families like
many of our fellow tenants. It is dismaying to us and our
clients to have to pass this store every day. We came to
Huntington Beach because of the values of the community and
it is disheartening to see them change.
Thank you for your work in maintaining the integrity of
the City of Huntington Beach.
Sincere ,
Scott D. Gardanier, CPA
Manager 4 j9g5
The Paul Revere Variable Annuity Insurance Company • 18 Chestnut St., Worcester, MA 01608-1528(508)7994441 OUR POLICY IS QUALITY
PUBLIC NOTICE _
NOTICE OF
PROOF OF PUBLICATION PUBLIC HEARING
BEFORE THE CITY
COUNCIL OF THE
CITY OF
STATE OF CALIFORNIA) HUNTIE
ACH
NOTICECE IS IS. HEREBY
GIVEN that on Monday,
j May 1, 1995,at 7:00.PM In
S S. the City Council.Chambers,
12000 Main Street, Hunting-
Co u n ty of Orange ) tonCouncil
will ho dha publi the Cic hearing
on the following Items:
1.APPEAL TO THE PLAN-
NING COMMISSION'S
am a Citizen of the United States and a CONDITIONAL APPROVAL
OF CONDITIONAL USE
PERMIT NO.94-46 (Billiard
resident of the County aforesaid; I am Parlor); Applicant: Ty We[
Yep,-Appellant: Robert D.
over the age of eighteen years, and not a Dennis, Family Fitness
Centers - To establish a
partyart to or interested in the below 3,484 square foot billiardi
parlor within an existing
entitled matter. I am a principal clerk of commercial building. Loca-
tion-5914 Warner Avenue
(south side of Warner and
the HUNTINGTON BEACH INDEPENDENT, a west of Springdale Street).
newspaper of general circulation, printed Planner Assigned; Susan
Pierce
2. CODE AMENDMENT
and published in the City of Huntington �NdEEADULT BUSI-
SSLOCATONALCRTE.
Beach County of Orange State of RIA)Hun; Applicant: City of.
Huntmtrton Beach, Depart-1
California and that attached Notice is a merit of Community evel-
r opment-To amend thhe lo-
true and complete copy as was printed ll to adult
criteria applicable
to adult businesses, Loca-
tion - General Commercial
and published in the Huntington Beach and Office Commercial
Zones. Planner Assigned:
and Fountain Valley issues of said Susan Pierce
NOTICE IS HEREBY
newspaper to wit the issue(s) of: GIVEN that .the above
Items) #1 and 2 are cat-
egorically exempt from the
provisions of the California
Environmental Quality Act.
ON FILE: A copy of the
April 20, 1995 proposed requests are on
file in the Department of
Community Development,
2000 Main Street, Hunting-
ton Beach, California.
92648, for Inspection by
the public. A copy of the
Staff report will be avail-
able to Interested parties at
the City Clerk's Office after
April 27,1995.
declare, under penalty of perjury, that SONS IN►eERESTt°sited
the foregoing is true and correct. said hearing and express
opinions or submit evi-
dence for or against the
application(s) as outlined
abbo'a.If you challenge'this
,_ I City Council's action In
EXecuLed of i April 20 , 1995
i995 court, you may be limited
to raising only those Issues
at Costa Mesa California. you or someone else
ralsed at the public hearing
described in this notice,or
In written correspondence
delivered to the City at, or
prior to,the public hearing.
If there are any further
questions please call the
Planning Division -at 536.
5271 and refer to the
above Items.
Direct your written com-
munications to the City
Clerk
Signature Connie Brockway,
City Clerk
-City of Huntington
Beach, 2000 Main
Street,2nd Floor,Hun-
tington Beach, CA
92648(714)536.5227
Published Huntington
Beach-Fountain Valley
Independent April 20,
1995.
043.287
NOTICE OF PUBLIC HEARING
BEFORE THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH
NOTICE IS HEREBY GIVEN that on Monday,May 1, 1995,at 7:00 PM in the City Council Chambers,
2000 Main Street,Huntington Beach,the City Council will hold a public hearing on the following items:
❑ 1. APPEAL TO THE PLANNING COMMISSION'S CONDITIONAL APPROVAL OF
CONDITIONAL USE PERMIT NO.94-46 Billiard Parlor): Applicant: Ty Wai Yep-
Am)ellant: Robert D. Dennis,Family Fitness Centers-To establish a 3,484 square foot billiard
parlor within an existing commercial building. Location-5914 Warner Avenue(south side of
Warner and west of Springdale Street). Planner Assigned: Susan Pierce
t2(2. CODE AMENDMENT NO.95-2(ADULT BUSINESS LOCATIONAL CRITERIA):
Applicant: City of Huntington Beach,Department of Community Development-'To amend the
locational criteria applicable to adult businesses.Location-General Commercial and Office
Commercial Zones. Planner Assigned: Susan Pierce
NOTICE IS HEREBY GIVEN that the above Item(s)#1 and 2 are categorically exempt from the
provisions of the California Environmental Quality Act.
ON FILE: A copy of the proposed requests are on file in the Department of Community Development,
2000 Main Street, Huntington Beach, California 92648,for inspection by the public. A copy of the staff
report will be available to interested parties at the City Clerk's Office after April 27, 1995.
ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence
for or against the application(s)as outlined above. If you challenge the City Council's action in court,you
may be limited to raising only those.issues you or someone else raised at the public hearing described in
this notice, or in written correspondence delivered to the City at, or prior to, the public hearing. If there
are any further questions please call the Planning Division at 536-5271 and refer to the above items.
Direct your written communications to the City Clerk.
Connie Brockway, City Clerk
City of Huntington Beach
2000 Main Street, 2nd Floor
Huntington Beach, CA 92648 (714)536-5227
(CCLG00501-1)
CITY COUNCIL AND/OR REDEVELOPMENT AGENCY PUBLIC HEARING REQUEST
SUBJECT:
DEPARTMENT: MEETING DATE:
CONTACT: �� (�c,(�c-c-� PHONE: S
N/A YES NO
Is the notice attached?
Do the Heading and Closing of Notice reflect City Council (and/or
Redevelopment Agency)hearing?
Are the date, day and time of the public hearing correct?
( ) ( Vf ( ) If an appeal, is the appellant's name included in the notice?
W✓ ( ) ( ) If Coastal Development Permit, does the notice include appeal language?
Is there an Environmental Status to be approved by Council?
( ) ( ) ( Is a map attached for publication?
( ) ( ) (►� Is a larger ad required? Size
(b") ( ) ( ) Is the verification statement attached indicating the source and accuracy of the
mailing list?
(✓) ( ) ( ) Are the applicant's name and address part of the mailing labels?
(v) ( ) ( ) Are the appellant's name and address part of the mailing labels?
If Coastal Development Permit, is the Coastal Commission part of the mailing
labels?
(V� ( ) ( ) If Coastal Development Permit, are the Resident labels attached?
Is the 3343 'report attached? (Economic Development Dept. items only)
Please complete the following:
1. Minimum days from publication to hearing date JU
2. Number.of times to be published
3. Number of days between publications
PUB. HEARING NOTIFICATION CHECKLIST'
MAILING LABELS - 4/3/95
President t1 Huntin >x7
Har r HOA i0 Edna Littlebury �17 .
H.B. Chamber of Commerce P. O. Bo Golden St. Mob. Hm. Owners2210 Main Street,Suite 200 Sunset B , A 90742 11021 Magnolia Blvd.
Huntington Beach,CA 92648 Garden Grove,CA 92642
Judy Legan Z , Bill Lilly jo Pacific Co st Archa ogical 1-8--
H.B./F.V. Board of Realtors HHHOA AR Society,Inc.
8101 Slater Ave. 16835 Alg qu St. #119 P.O. Box 109
Huntington Beach,CA 92647 Huntingto Beach,CA 92649 Costa Me , CA 2627
i
Attn:Jan Gothold
i
I
Presiden '3;" William D. Holman 11 County of Or e/E `19`"
Amigos De sa Chica Pacific Coast Homes Michael M. Rua ir.
P. O. Box 4 23 Corporate Plaza,Suite 250 P.O. Box 404
Huntin on Beac ,CA 92605 Newport Beach CA 92660-7912 Santa Ana, A 92702- 048
Charles ant '4. Mr. Tom Zanic .12 Planning De men 19.
Friends of B Wetlands Seacliff Partners Orange Coun
21902 a ne 520 Broadway Ste. 100 P. O. Box 40 8
Hunt' gton Beac ,CA 92646 Santa Monica,CA Santa Ana, A 92702-4048
President 5 Pres.,H.B. Hist. Society 13 County o an EMA kgi
Huntington Beach Tomorrow C/O Newland House Museum Thomas Mat s
411 6th St. 19820 Beach Blvd. P. O. Box 48
Huntington Beach,CA 92648 Huntington Beach,CA 92648 Santa An ,CA 92702-4048
Julie Va dermo 6 Chairperson . 14 County of an e/EMA 19- ��
BIA-OC Historical Resources Bd. Bob Fisher,Di .
9 Execut' e ircle#100 Comm. Services Dept. P.O. Box 404
Irvine a 92 4-6734 2000 Main St. Santa Ana, A 92702-4048
Huntington Beach,CA 92648
RicharX'cer `7,' Council o gi 15 Planning Di '20"SCAG 1706 Oran ve. City of Cost sa
818 Wor Huntingt Bea CA 92648 P. O. Box 1 00
Los An Costa Mes ,CA 92628-1200
E.T.I. Corral 100 8 DominickyBach,
16 Planning 21
Mary Bell Seacliff Hrs Assoc. City of Fount ' alley
20292 Eastwood Cir. 6812 Scenne 10200 Slater A .
Huntington Beach,CA 92646 HuntingtoCA 92648 Fountain Vall ,CA 92708
Catherine Stipe, Environmental 9 Seacliff '16 Planning • ector 2Z.
Board Chairman Jeff Metzel City of West er
16391 Fairway Lane 19391 Shady a or Circle 8200 Westmins Blvd.
Huntington each CA 92648 Westminster, 9 683
g:lables\phnlbls
PUBL,, HEARING NOTIFICATION CHECKLIST`L
MAILING LABELS - 4/3/95
Plannin irecto 23" James Jones ��0 OC County rb rs,Beach ;35'
City of SeNeh Ocean View Elementary ! and Parks Dep211 Eigh School district P. O. Box 404Seal Beac740 17200 Pinehurst Lane Santa Ana,C 92702-4048
Huntington Beach CA 92647
CA Coastal Commission r24 Ron Frazier ( 311 Cheryle wni g 3.6,"
Theresa Henry �' Westminster School District Meadowlar a
245 W. Broadway,Ste 380 14121 Cedarwood Avenue 16771 Roose a ane
Long Bch,CA 90802 Westminster CA 92683 Huntington each,CA 92649
California�Oastal Commission=2241 Ic k°`h '32 Sally Graham
South District Office - ' HB Union High School Disrict Meadowlark Ar
245 W. Broadway No. 380 10251 Yorktown Avenue 5161 Gelding C' c
Long Beach,CA 92802-4458 Huntington Beach,CA 92646 Huntington Be ch,CA 92649
RobertXCA
25f David Hagen
Caltran HB Union High School district``- y`' Koll Company2501 P 10251 Yorktown 2213 Main Street,Suite 32
Santa A05 Huntington Beach,CA 92646 Huntington Beach,CA 92648
Direct o 26- Huntington ea Mall `33 Rosalie Ta c(d eo
Local So Wast nf.Agy. Attn: Pat Roge -Laude 73`/S., 6e,-7�/14 ve
O.C. Healt Agency 7777 Edinger Av #300
P.O. Box 3 Huntington each CA 92647 n�'!'9 far Beach C/a 92,&V 7
Santa An CA 92702
New Grow Coo inator 27- CSA
Huntington Post Office 730 EI Camin ay#200 7�oo G e�fe✓ .4 ve,Src��e l�s
6771 War A Tustin,CA 96 �i
Huntingt Beach, CA 92647
Marc Ecker �2 Goldenwest College 34
Fountain Valley Attn: Fred Owens
Elementary School District 15744 Goldenwest St.
17210 Oak Street Huntington Beach CA 92647
Fountain Valley CA 92708
Dr. Duane Dishno �29 Country Vie Est tes HOA 35:
HB City Elementary School Dist. Carrie Thomas
PO Box 71 6642 Trotter D ve
Huntington Beach,CA 92626 Huntington Be ch CA 92648
Jerry Buchanan 29) Country Vie stat HOA 3 --
HB City Elementary School Dis Gerry Chapma
20451 Craimer Lane 6742 Shire Cir
Huntington Beach,CA 92648 Huntington ach A 92648
g:lables\phnlbls
NOTICE OF PUBLIC HEARING
BEFORE THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH
NOTICE IS HEREBY GIVEN that on Monday,May 1, 1995, at 7:00 PM in the City Council Chambers,
2000 Main Street,Huntington Beach,the City Council will hold a public hearing on the following items:
❑ 1. APPEAL TO THE PLANNING COMMISSION'S CONDITIONAL APPROVAL OF
CONDITIONAL USE PERMIT NO. 94-46 Billiard Parlor): Applicant: Ty Wai Yep-
Appellant: Robert D.Dennis,Family Fitness Centers-To establish a 3,484 square foot billiard
parlor within an existing commercial building. Location-5914 Warner Avenue(south side of
Warner and west of Springdale Street). Planner Assigned: Susan Pierce
Q 2. CODE AMENDMENT NO. 95-2(ADULT BUSINESS LOCATIONAL CRITERIA):
Applicant: City of Huntington Beach,Department of Community Development-To amend the
locational criteria applicable to adult businesses.Location-General Commercial and Office
Commercial Zones. Planner Assigned: Susan Pierce
NOTICE IS HEREBY GIVEN that the above Item(s)#1 and 2 are categorically exempt from the
provisions of the California Environmental Quality Act.
ON FILE: A copy of the proposed requests are on file in the Department of Community Development,
2000 Main Street,Huntington Beach, California 92648, for inspection by the public. A copy of the staff
report will be available to interested parties at the City Clerk's Office after April 27, 1995.
ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence
for or against the application(s)as outlined above. If you challenge the City Council's action in court,you
may be limited to raising only those issues you or someone else raised at the public hearing described in
this notice,or in written correspondence delivered to the City at,or prior to, the public hearing. If there
are any further questions please call the Planning Division at 536-5271 and refer to the above items.
Direct your written communications to the City Clerk.
Connie Brockway, City Clerk
City of Huntington Beach
2000 Main Street,2nd Floor
Huntington Beach, CA 92648 (714)536-5227
(CCLG00501-1)
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REQUEST FOR LATE SUBMITTAL OF RCA
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RCA
-26
Department:
All. Title �
f,
Council Meeting Date: Date of This Request:
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REASON (Why is this RCA being submitted late?):
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EXPLANATION (Why is this RCA necessary to this agenda?):
CONSEQUENCES (How shall delay of this RCA adversely impact the City?):
Ile
V
-Z�
roved 0 Denied
Initials
Signature: Cl Approved 0 Denied A%rove,,
Required
Department Head Ray Silver Michael Uberuaga
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tr i tat. ,
Connie Brockway,City Clerk
f City of Huntington Beach -•.-_,: -
e of the City Clerk
P.O. Box 190
Huntington Beach, CA 92648Off ic "�:, 'C�' f�- y, �"'.}a! f '�.� �-• -' ,� ; r
I
'i
Catherine Stipe, Environmental 9
Board Chairman
a INGTOy�Q 16391 Fairway Lane �/,1 Jul-ate
V
cOGNTY ���
LEGAL NOTICE - PUBLIC HEARING
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