Loading...
Ordinance 802 r • ORDI:L1tiCE :10. 802 - AN ORDINANCE OF THE CITY OF CUPERTINO ESTABLISHING PROCEDURES REGULATI*IG ADULT-ORIENTED COhAfERCIAL ACTIVITIES THE CITY COUNCIL OF THE CITY OF CUPERTZNO DOES ORDAIN AS FOLLOWS: SECTION 1: AMENDMElIT Section 1.1: Ordinance 220 of the City of Cupertino~ California~ is hereby amended by adding this Ordinance No. 802. ' SECTION 2: REPEALING CLAUSE Section 2.1: All ordinancea heretofora enacted in canflict with this Ordinance No. Z are hereby repealed to the extent that thay would vary the provigiona of this ordinance. SECTIO;t 3: PURP05E Section 3.1: The purpose of chis ordinaace is to eatablish application procedures and regulations concerning location of adult-related commercial accivities as defined hereia. Theee regulationa are intended to guida future adult-related coffinercial activities and enaure a healthy, functional environ- ment for existing and future residents within propoaed developments and between adjoining parcels. This ordiaance is adopted baaed on the following findings: Thia Council finds that certain uses of real property, specifically adult book storee, adult motion picture theatera, adult cabareta~ public dance halls, and massage parlors, have serious ob~ectionable characteristics, particularly when several of auch uses are located in cloae proximity to each other; that such con- centration tends to create a"skid-row" atmoapheze and has a detrimental effect upon the adjacent area; that regulation of the locations of these uses is necessary to ensure that such adverse effects will not contribute to the blight or downgrading of neighborhoods or deter or interfere with the operation and develop- ment of hotels, motels, and lodging houaes and other buainesses which are needed and desirable in the City; and that the regulations hereina£ter set forth in Section 6 of this ordinance are reasonably necessary and will tend to prevent the clustering of auch establish- ments. This Council further finds that, although the control of the concentration or cluatering of the above uses in any one area will tend to prevent the creation of "skid-rov" and be otherwise bene- ficial to the people of the City. it will not prevent the deleterious effect of blight and devaluatioa of both business, reaidential, public and quasi-public property resulting from the establishment of any of the above-apecified uses in a district which is in close proximity to and which serves residentially zoned~ general planned or used property, -1- . ~ ~ , or property which is zoned, general planned or used for public or - quasi-public uses (i.e., churches, schools, civic buildings, public or private parks and recreational faciltiies, etc.); that concern ' for the orderly planning and development of a neighborhood sho~ild be encouraged and fostered in those persons who comprise the businesa, ~ reaidentlal, public and quasi-public segments of that neighborhood and that the regulationa hereinaEter set forth in Section 7 of this ordinance restricting the location of such uses with raference to public, quaai-public or residentially zoned, general planned or uaed property are reasonably neceesary and will tend to prevent said delaterioua effects. SECTION 4: APPLICATION Section 4.1: The provisions of this ordinance shall apply to all usee defined in Sections 5.1, 5.2, 5,3. 5.4 and 5.5 below or other uaea vhich in che opinion of the Planning Commisaion or City Council are of the eame general character as the uses listed in Section 5. No building. atructure, or land ahall be used. and no building or acructure shall be hereafter erected, structurally altered or enlarged within a zoning district in the ' City of Cupertino, otherwise than in conformance with the following provisions; except that uaea, buildings, and atructurea lawfully in existence at the time this Ordinance No. 802 takes effect may remain as long ae no alterations take place (except those pe~itted by Santa Clara County Ordinance NS-1200, Section 30, as it existed on October 10, 1955, which has been adopted by the City of Cupertino). SECTION 5: DEFINITIONS Section 5.1: Adult Book Store is a buildiag or portion thereof uaed by an establishment having as a aubstantial or aignificant portion of its stock in trada for sale to the public or certain members thereof, books, magazinea and other publicationa which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "Spacified Sexual Activities" or "Specified Anatomical Areas". as hereinafter defined. Section 5.2: Adult Motion Picture Theater is a building or portion thereof or area, open or enclosed, used for the presentation of motion pictures distinguiahed or characterized by an emphasis on matter depicting, describing or relating to "Specified Sexual Activities" or "Specified Anatomical Areae", as hereinafter defined, for observation by patrona or customers. Section 5.3: Adult Cabaret is a building or portion thereof or area used for presentation or exhibition or featuring of topleas or bottomless dancers, strippers, male or female impersonators or similar entertainers for observations by patrons or customers. Section 5.4: Public Dance Hall is a building or portion thereof used for dancing purposes to and in which the general public ia admieted and per- mitted to dance, upon payment of any fee or other compensation, or upon payc~ent of a charge for admisaion, or for which tickets or other device9 are sold, or in which a charge ia made for the privilege of dancing with any other person employed for such purpose by the operator of such establishment, includ- ing but not limited to taxi dances, but excluding restaurant9, hotel dining rooms and night cluba in which the dancing is incidental only to dining or to other entertainment. -2- ~ ~ Section 5.~: P4assa~e Parlor is a building or portion [hereof or a place where massage is adminietered for compensation or from which a massage bulsiness . or service for compensa~ion is operated. Section 5.6: Svecified Sexual Activities are: (1) Human genitals in a atate of sexual stimulation or arousal; (2) Acts of human maeturbation. aexual intercourae or ~odomy; aad (3) Fondliag or other erotic touching of human genitals, pubic zegion, buttock or female breast. Section 5.7: Specified Anatomical Areae are: (1) Leas than completely and opaquely covered human genitals, pubic reglon. buttock and female breast below a point lmmediately above the top of the areola; and (2) Human male genitals ia a disceraibly turgid atate, even if completely and opaquely covared. SECTION 6: ANTI-SKID ROW REGUL~,TIONS Section 6.1: The purpoae of this aection ie to provide reasonable regulations to prevent the adverse effect of ehe concentration or cluatering of certain uaea of real property, epecifically adult book atores, adult motion picture theatera, adult cabareta, public dance halls and massage parlors. Such usea have serious objectionable characterietics when several of them are located in close proximity to each other. Such concentration tends to create a"skid row" atmoaphere and has a detrimental effect upon the adjacent area. Regulation of the locations of these uaes is neceseary to ensure that such adverse effects will not contribute to the blight or down- grading of neighborhoods or deter or interfere with the development and operation of hotels, motels, and lodging houaes and other businesses which are needed and desira6le ia the C1ty. Notwithstanding anything elsewhere in this Code to the contrary, except the provisions of Section 4.1 of this ordinance relating co uaes, buildinga, or atructures lawfullq in existence at the time this ordinance takes effect, no lot or parcel of property in any zoning diatrict or any building or atructure thereon or anq portion thereof, shall be used for aa adult book store, adult motion picture eheater, adult cabaret, pub2lc dance hall or massage parlor at a location closer than 1.000 feet to any other such use situata within or out- side the City or closer than 1,000 feet to any hotel, motel or lodging housa situate within or outaide the City, unleas a conditional uae permit shall have been applied for and isaued for such use at auch location, purauant to and in accordance vith the pzovisions of Ordinance No. 652. In addition to the findings required to be made by the City Council in issuing a conditional use permit purauant to the provisions of Ordinance No. 652, the City Council may issue a conditional use permit required by the provisions of thls Section subject to such conditions as it may impoae only if it shall make the following findinga. -3- . ~,.;.F; . . . . Y ....~'~°YC'~Y~ttS' , v. T;. . That the proposed use • (a) will not be contrary to the public interest or unreasonably injurious to the use of nearby properties; (b) will conform to the epirit and intent of this section; (c) will not enlarge or encourage the development of a"skid-rov" area; ~ (d) will not be contrary to any program of neighborhood conservation; (e) will not interfere with any pragram of urban renewal or redevelop- ment; and ~ (f) will be in compliaace with all applicable regulations. The regulations set forth in thie section are intended to be in addition to and not in lieu of othar regulationa of thia Code applicable to any of che above specified uaes, and, unlesa otherwisa specifically ptovided, ehall not be deemed to repeal or amend any other provision or provisions of the Cupertlno Municipal Code or Zoning Ordinance which are applicable to the above-mentioned uses or activities, nor be deemed to excuse non-compliance wich any auch other provisions. SECTION 7: RECULATION OF CERTAIN USES WITHIN 1.000 FEET OF REAL PROPERTY ZONED, GENERAL PLANNED OR USED FOR RESIDENTIAL, PUBLIC OR QUASI- PQ9LIC PURPOSES Section 7.1: The purpose of thia section is to prevent the adveree effects of the location of certain uses of real proper[y. specifically adult book atorea, adult motion picture theatera, adult cabareta, public dance halls and massage parlors, in a diatrict which is in close proximity to and which serves public, quaei-public or residentially zoned, general planned or uaed property. Such uses in such locations tend to produce blight and devaluation of both business, public, quasi-public and residential property. Regulations restricting the location of such uses with reference to property zoned, general pianned, or used for public. quaei-public or residential purpoaes, are reasonably necessary for the prevention of said deleterious effecta. :Iotwithstanding anything elsewhere in thia Code to the contrary, except the provisions of Section 4 of this Ordinanca relating to uses, buildings, or atruc- tures lawfuily in existence at the cime this ordinance takes effect, no lot or pazcel of property in any zoning district or any building or structure thereon of any portion thereof, ahall be used for an adult book store, adult motion picture theater. adult cabaret, public dance hall or massage parlor at a location closer than 1,000 feet ta any real property zoned, general planned or used for public, quaei-public or residential purpoaes. whecher said parcel of property ie situate within or outside the City, unless a conditional uae permit shall have been applied for and issued for such use at such locacion, purauant to and in accordance with the provisions of Ordinance No. 652. In addition to the findings required to be made by the City Council in issuing a conditional use permit pursuanc to the provisions of Ordinance Yo. 652, the City Counci2 may issue a conditional uae permit required by the provisions of this section subject to such conditions as it may impose, only if it shall make the following findings. -4- . . . V : ~ ~ That the proposed use (a) will not be contrary to the public interest or unreaaonably iajurious to the uae of public, quasi-public or residentially ~ zoned property situate within 1,000 feet of such propoaed uen; (b) crill conform to the spirit and intent of thia section; (c? will not be coatrary to any program of neighborhood coneervation; (d) eri.ll aot intnr£are with any program of urban renewal or redavelop- ment; and ; (a) will be in complianca vith all applicable regulations. The regulations sat forth in this aection are intended to ba in addition to aad aot ia 21eu of other regulationa of thia Code applicable to any of tha above specified uses, and, unlesa othezwiae specifically provided, ahall noc be deemed to repeal or amend any other provision or provisiona of the Cupertino ?tunicipal Code or 2oaing Ordinance ahich are applicable to the abovn-mentionad uaes or activities, aor be deemed to excuse non-complianca with euch other proviaions. SECfION 8: SEVERAHILITY CLAUSE Section 8.1: I£ any anetion, aubaection, aeatence, clausa or phraee of chis Ordinance ia for aaq reason held to be unconstitutional. such daciaion shall not affect the validicy of the remaining portione of thia Ordinance. The legislative body hereby declares that it vould have paesed thie Ordinance and each saction~ aubaection, eentence, clause or phrase thareot, irrespective of the fact that aay one or more sections, subsectiona, aentencea~ claueae or phrasee be declared unconstitutional. SFCTION 9: PIJBLISBING CLAUSE Section 9.1: Tha City Clerk is hereby auehorized and directed to cauae a certified copq of thia Ordinance to be publiahed at leant once within fifteen (15) daqs aftez ita enac~ent ia the Cupertino Courier, tha official newspaper of the City, publiehed and circulated in the City of Cupertino. I:JTRODUCED at a regular meeting of the City Council of the Citq of Cupertiao. on the 18th day of Mav . 1977, and ENACTED at a regular meating of the City Council of the Citq of Cupertino this 6th day of June , 1977, by the following votn: Vote Membere of the City Council " AYES: Jackson, Meyers, Wellis, 0'Keefe, Frolich , *IOES: None • ABSE:IT: None ABSTaIN: ;Jone ATTEST: APPROVED: ` ~ "l, City Clark Mayor, Citq of Cupertino , . .:.,n~ - ~ _ .-~._~~a• t I h~reby 'c~stify thae ths Citp o~,Cupertiao Ordinance No. attached hereca is a true and corrsct copy of ~aid Ordinance vhich has `b~sa published or po~ted pursuanr to law. 1 ~ Wm. fi. I~yd Citq Cler