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Home My WebLink AboutPC Resolution 08-02 - (Adult businesses)RESOLUTION NO.08-2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, RECOMMENDING CITY COUNCIL APPROVAL OF A ZONE TEXT AMENDMENT TO THE MUNICIPAL CODE REGARDING ADULT BUSINESS REGULATIONS The Planning Commission hereby resolves and orders as follows: Section 1. The Planning Commission held a duly noticed public hearing on January 15, 2008, to review and consider clarifications and modifications to the Municipal Code regarding adult business regulations. Section 2. Based on the evidence considered at the public hearing, the Planning Commission makes the following findings: l . The Planning Commission has recently heard two applications for adult businesses along the Pacific Coast Highway corridor. While processing those applications, it came to light that the City's adult use ordinance is in need of modification with respect to the definition of adult businesses, the distancing requirement to sensitive land uses, and the standard operating requirements for such businesses. 2. This ordinance will clarify and strengthen the adult use ordinance to better protect against negative impacts that may be generated by adult uses, while doing so in a non-discriminatory manner consistent with requirements of the first amendment. Section 3. The Planning Commission of the City of Hermosa Beach hereby recommends City Council approval of the following amendments to the Hermosa Beach Municipal Code: 1. Section 17.04.060 of Title 17, Chapter 17.04 of the Hermosa Beach Municipal Code is amended by amending the definition. of "Adult business" therein to read as follows: "Adult business" means any business which, because minors are excluded by virtue of their age as a prevailing business practice, is not customarily open to the general public and wherein the regular and substantial course of conduct is the offering of materials, services and/or products or adult paraphernalia that have as their dominant theme the sexual arousal, sexual gratification and/or sexual stimulation of a customer. This definition includes without limitation adult bookstores, adult cabarets and adult motion picture theaters/arcades as defined in this Code. This definition is not intended to classify as an adult business the practice of licensed chiropractors, physicians, physical therapists, psychologists, marriage or family counselors or licensed social workers when properly engaged in their licensed activities. 2. The definitions of "X-rated" and "Regular or substantial portion" in Section 17.04.060 of Title 17, Chapter 17.04 are hereby repealed. 3. Section 17.40.050 of Title 17, Chapter 17.40 is amended to read as follows: 17.40.050 Adult businesses. A. In lieu of the findings required by Section 17.40.020, the Planning Commission shall approve an application for a conditional use permit for an adult business where evidence presented substantiates all of the following findings. 1. The exterior walls of the proposed establishment are located more than two hundred (200) feet from the exterior boundaries of any lot or parcel of residentially zoned property, any property used for a church, temple or other place used exclusively for religious worship, or any playground, park with recreational facilities or school. 2. The exterior walls of the proposed establishment are located more than one thousand (1000) feet from the exterior boundaries of any lot or parcel of land upon which any other such adult business establishment is located. 3. For adult businesses that will operate more than four (4) film or video viewing machines or booths, the proposed establishment is capable of providing one off-street parking space for every such machine or booth in excess of the four machines or booths. B. In addition to any other applicable standards set forth in the Zoning Ordinance, an adult business must meet the following design and performance standards: I . All building openings, entries and windows shall be designed or screened so that the contents may not be seen from the public sidewalk or equivalent public areas accessible to minors. 2. The number of film or video viewing machines or booths shall not exceed one machine per one hundred (100) square feet of floor area. 3. Notwithstanding the parking requirements in Chapter 17.44 of this Code, an adult business that operates more than four (4) film or video viewing machines or booths must maintain a minimum of one off-street parking space for every such machine or booth in excess of the four machines or booths. 4. The public interior areas shall be fully and brightly lighted and arranged so that all indoor areas of the business within which patrons are permitted, except restrooms, shall be open to view by management at all times and so that the entire body of any patron is visible by management at all times. 5. There shall be no doors or other similar closable screens on video or film viewing booths. No viewing machine or booth may be occupied by more than one person at any one time. The walls or partitions between viewing machines or booths shall be maintained in good repair at all times and shall not contain holes between any two machines or booths as would allow either: a. Viewing from one machine or booth into another; or b. Physical contact of any kind between the occupants of any two rooms. 6. Trash dumpsters shall be enclosed by a screening enclosure and locked at all times so as not to be accessible to the public. 7. Landscaping shall not exceed thirty (30) inches in height, except trees with foliage not less than six feet above ground. &. All off-street parking areas and premises entries of the adult business shall be illuminated from sunset to closing hours of operating with a lighting system which provides an average maintained horizontal illumination of one footcandle of light on parking surfaces and walkways. The lighting shall be shown on plans submitted pursuant to the application for the adult business. 9. The business shall maintain a security system that visually monitors and records all off- street parking surfaces serving the business. The records shall be maintained for a minimum of thirty (30) days and shall be made available to the Police Chief. 10. Every establishment shall have clearly visible signs at all entrances stating "Adults Only - No Minors Allowed," or equivalent wording. 11. The business shall not display on the outside of the building any obscene or offensive signs containing statements, words, or pictures of an obscene or indecent character which appeal to the prurient interest in sex, or which are patently offensive and do not have serious literary, artistic, political, or scientific value. 12. The business shall employ a person on the premises to act as manager at all times during which the business is open. -2- 4. Section 17.40.060 of Title 17, Chapter 17.40 is hereby repealed. Section 4. Section 15061(b)(3) of Title 14 of the California Code of Regulations exempts the project from the requirements of the California Environmental Quality Act. PASSED, APPROVED AND ADOPTED this 15th day of January, 2008, by the following vote: AYES: Allen, Hof(man, Perrotti, Pizer NOES: None ABSENT: Kersenboom ABSTAIN. None CERTIFICATION I hereby certify that the foregoing Resolution P.C. 08-2 is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California, at their regular meeting of January 15, 2008. Sam Perrotti, Vice Chairman obn, cretary Janus 15 2008 Date -3-