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Ordinance Number 562ORDINANCE NO 562 AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING TITLE 9 OF THE MUNICIPAL CODE TO PROVIDE REGULATIONS FOR ESTABLISHING WAREHOUSING, FORTUNETELLING, ADULT BUSINESSES, AND MASSAGE PARLORS WITHIN THE CITY 252 THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, HEREBY ORDAINS AS FOLLOWS: SECTION 1. Findings. The City Council finds that: A. The City's Environmental Review Board has reviewed the amendment as set forth herein, has determined that the amendment is a minor change in land use limitations and is therefore categorically exempt. The Environmental Review Board has otherwise carried out all requirements of the California Environmental Quality Act as amended. The City Council hereby finds and certifies said actions as appropriate and correct. B. The code amendment will provide regulations and restrictions for establishing certain uses within the City. C. A duly noticed public hearing has been held to receive and consider public testimony regarding the proposed amendment. SECTION 2. Amendment Text. A. Introduction Based upon the findings set forth in Section 1, preceding, the following amendments to the Municipal Code are hereby enacted: B. Amendments 1. Sections 9-3.415(b)(2) and 9-3.417(b)(4) are hereby amended to read as follows: "Warehousing, storage and transfer uses, such as cold storage plants, trucking firms and beverage distributors, provided said use has less than 50,000 square feet of floor area;" -1- 253 2. Sections 9-3.415(d)(22), 9-3.416(d)(10) and 9-3.417(d)(10) are hereby added to read as follows: "warehousing, storage and transfer uses, such as cold storage, plants, trucking firms and beverage distributors, containing 50,000 square feet of floor area or more." 3. Section 9-3.415(b)(23) is hereby added to read as follows: "Fortunetelling." 4. Sections 9-3.414(d)(19) and 9-3.415(d)(23) are hereby added to read as follows: "Adult Businesses, as set forth in Section 9-3.626 of Article 6 of this Chapter." 5. Section 9-3.626 is hereby added to the Supplementary District Regulations to read as follows: "Section 9-3.626. Adult Businesses. "(a) Purpose and Intent. Special locational regulation of adult entertainment businesses is necessary to ensure that adverse effects caused by operational characteristics will not contribute to the blighting or downgrading of the surrounding neighborhoods. The primary purpose of the regulation is to prevent the concentration or clustering of these businesses in any area. "(b) Definitions. For the purposes of this Section, the term "adult business" is defined to include each and every one of the following described uses: "Adult book store: An establishment having as a substantial or significant portion of its stock in trade, books, magazines, or other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" or an establishment with a segment or section devoted to the sale or display of such material. -2- "AAnlf h1lR1nPARe F1thPr- Ill anu 254 business which is conducted exclusively for the patronage of adults, and as to which minors are specifically excluded from patronage thereat, by law except any business licensed by the State Department of Alcoholic Beverage Control; or (2) any business, other than those expressly specified in this Section, 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, or discussing or relating to "specified sexual activities" or "specified anatomical areas." Adult business shall not be deemed to include the practice of any of the healing arts by any person licensed therefor under the California Business and Professions Code. "Adult hotel or motel: A hotel or motel wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas." "Adult mini -motion picture theater: An enclosed building with a capacity for less than fifty persons used for presenting material distinguished or characterized by an emphasis on matter depicting or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons therein. "Adult motion picture arcade: Any place to which the public is permitted or invited wherein coin or slug -operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producting devices are maintained to show images to five or fewer persons per machines at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas." -3- 2 55 "Adult motion picture theater: An enclosed building with -a capacity of fifty or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons therein. "Adult Cabaret: A nightclub, theater or other establishment which features live performances by topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas." "Encounter center or rap studio: Any business agency, or person who, for any form of consideration or gratuity, provides a place where two or more persons may congregate, assemble or associate for the primary purpose of engaging in, describing or discussing "specified sexual activities" or exposing "specified anatomical areas." For the purposes of these regulations, encounter center shall include massage parlor and other similar establishments. "Adult model studio: Any premises or mobile facility where there is conducted the business or transaction of furnishing, providing or procuring figure models who pose for the purpose of being observed or viewed by any person, or being sketched, painted, drawn, sculptured, photographed, filmed, videotaped, or otherwise similarly depicted in the nude before persons who pay a fee, or any other thing of value, as consideration, compensation or gratuity, for the right or opportunity to so observe a figure model, or for admission to, permission to or as a condition of, remaining on the premises. "Adult model studio" does not include any studio or classroom which is operated by any public agency, or any public or private educational institution authorized under California Education Code Section 94300 et seq., to issue and confer a diploma or degree. -4- 256 "Specified sexual activity: Includes the following: 11(1) Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following depicted sexually oriented acts or conduct: analingus, buggery, fellatio, 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 11(5) Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or "(6) Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being; or "(7) Human excretion, urination, menstruation, vaginal or anal irrigation. "Specified anatomical areas: Includes any of the following: "(1) Less than completely and opaquely covered: (a) human genitals or pubic region; (b) buttock and (c) female breast below a point immediately above the top of the areola; or "(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. -5- 257 "(c) Establishment. The establishment of any adult business business includes the opening of such a business as a new business, the relocation of such business, or the conversion of an existing use or premises to any adult business use. "Prior to establishing an adult business, approval of a conditional use permit shall be required. All such uses are subject to the following conditions: "(1) No such business shall be located within one thousand (1000) feet of any existing religious and/or educational institution, public park, or recreation facility. "(2) No such business shall be located within one thousand (1000) feet of any adult business. "(3) No such business shall be located within five hundred (500) feet of any area zoned for residential use." SECTION 3. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after its passage. SECTION 4. City Clerk's Certification The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within fifteen (15) days after passage and adoption as required by law; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five (5) days prior to the date of adoption of this Ordinance; and, within fifteen (15) days after adoption, the City Clerk shall cause to be published, the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk. PASSED, APPROVED AND ADOPTED this 21st day of January , 1986 PHILLI . SCH RTZE, OR ATTEST: CITY CLE, -6- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) 258 I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance No. 562 , which was introduced at a meeting of the City Council of the City of San Juan Capistrano, California, held on January 7 , 1986 , and adopted at a meeting held on January 21 , 1986 , by the following vote: AYES: Councilmen Friess, Bland, Buchheim, Hausdorfer, and Mayor Schwartze NOES: None ABSENT: None ( SEAL) MARY ANN Al OVER, CITY CLERK -7-