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HomeMy WebLinkAboutORD 765ORD 765pT3(ÌìÑäORDINANCE NO. 765 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK RELATING TO THE REGULATION AND CONTROL OF CERTAIN ADULT BUSINESSES URGENCY MEASURE) THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES ORDAIN AS FOLLOWS: SECTION 1. That the City Council of the City of Baldwin Park does hereby find, determine and declare as follows: a) That this City Council has been advised that certain adult businesses, as hereinafter defined and described, have been proposed to be located within areas of the City which are zoned for commercial uses, and are adjacent to residential areas; and b) That experience in this City, as well as in other portions of Los Angeles County, have demonstrated that such uses have objectionable operational characteristics which have deleterious effect upon immediately adjacent residential and commercial areas; and c) That a concentration of such uses contributes to blighting or downgrading commercial areas; and d) That such concentration also has the effect of blighting adjacent residential areas; and e) That it appears that special zoning regulations applicable to these and other similar uses is necessary to preserve the integrity of the existing commercial areas of the City, and of residential areas which are located in proximity to such commercial areas; and f) That to allow such uses to be located in such areas without any interim regulations and control could have the effect of frustrating the contemplated zoning proposal, as above described; and g) That this Ordinance is immediately required to preserve such commercial and residential areas from the possible effect of blighting or downgrading, during such period of time as may be reasonably necessary to permit the City's Planning Department and Planning Commission to make a complete study and review as to precisely the nature of permanent zoning regulations to be imposed in order to protect such commercial and residential areas within the City, from a blighting or downgrading effect; and h) That the public interest, convenience and necessity require that this Ordinance be immediately adopted for the reasons above set forth. SECTION 2. That notwithstanding any other provision of the Baldwin Park Zoning Regulations, during such time as this Ordinance is in full force and effect, the uses hereinafter referred to shall be prohibited, except as herein provided: a) DEFINITIONS. For the purpose of this Ordinance, the phrases hereinafter set forth, shall be defined as follows: 1) Adult Book Store" shall mean an establishment having as a substantial or significant portion of its stock in trade, material which is distinguished or characterized by its emphasis on matter depicting, describing or relating to specified sexual activity BIB] 37960-U01 ORD-U02 765-U02 LI2-U03 FO31548-U03 FO32626-U03 DO32638-U03 C5-U03 ORDINANCES-U03 12/4/2003-U04 ROBIN-U04 ORD 765pT3(ÌìÑäOrdinance No. 765 Page 2 or specified anatomical areas, or an establishment with a segment or section thereof devoted to the sale or display of such material. 2) Adult Business" shall mean and include an adult bookstore, an adult theater, adult modeling studio, and massage parlor. 3) Adult Theater" shall mean a theater which presents live entertainment or motion pictures or slide photographs, which are distinguished or charac- terized, by their emphasis on matter depicting, describing or relating to specified sexual activity or specified anatomical areas. 4) Material" shall mean, and include, but not be limited to, books, magazines, photographs, drawings, or paintings, motion pictures, and pamphlets, or any combination thereof. 5) Specified Anatomical Areas" shall mean: a) less than completely and opaquely covered: i) human genitals, pubic region; ii) buttock, and iii) female breast below a point immediately above the top of the areola; and b) human male genitals in a discernibly turgid state, even if completely and opaquely covered, 6) Specified Sexual Activities" shall mean: a) human genitals in a state of sexual stimulation or arousal; and/or b) acts of human masturbation, sexual stimulation or arousal; and/or c) fondling or other erotic touching of human genitals, pubic region, buttock or female breast. 7) Adult Modeling Studio" means an establishment or business which provides the services of modeling for the purpose of reproducing the human body wholly or partially in the nude by means of photography, painting, sketching, drawing or otherwise. 8) Massage Parlor" means an establishment required to be licensed pursuant to Section 4500 et seq. of the Baldwin Park Municipal Code. b) PROHIBITION OF CERTAIN USES. That from and after the adoption of this Ordinance, no person shall establish or conduct, or permit to be established or conducted, upon any real property located within the City, an adult business, except in accordance with the provisions of this Ordinance. c) CONDITIONAL USE PERMIT REQUIRED. Adult businesses shall be permitted pursuant hereto only if, 1) a conditional use permit therefor is first obtained; and BIB] 37960-U01 ORD-U02 765-U02 LI2-U03 FO31548-U03 FO32626-U03 DO32638-U03 C5-U03 ORDINANCES-U03 12/4/2003-U04 ROBIN-U04 ORD 765pT3(ÌìÑäOrdinance No. 765 Page 3 2) the real property upon which use 1s proposed to be located, 1s classified, pursuant to the Baldwin Park Zoning Regulations in Zone C-2; and 3) that the proposed location is not within 500 feet of any other real property upon which there is located an adult business, nor within 250 feet of any other real property classified in any residential zone. SECTION 3. That this Ordinance is hereby declared to be an urgency measure and shall take effect immediately upon its adoption. A statement of facts constituting the basis of such urgency is as above set forth. The legal authority for the enactment of this Ordinance is Section 65858 of the Planning Act of the State of California, and other applicable statutes. SECTION 4. The City Clerk shall certify the adoption of this Ordinance and cause the same to be published in the manner prescribed by law. APPROVED AND ADOPTED this 15th day of December, 1977. /^^^^ //^^^ MAYOR ATTEST: L^/ HELMA L. BALKUS, CITY CLERK" STATE OF CALIFORNIA COUNTY OF LOS ANGELES) SS: CITY OF BALDWIN PARK I, THELMA L. BALKUS, City Ctprk of the City of Baldwin Park, ao hereby certify that the foregoing Ordinance No. 766 was duty approved and adopted as a Urgency Ordinance at a regular meeting of the City Council of the City of Baldwin Park on the 15th day of December, 1977, by the following vote: AYES: COUNCILMEN_HAMILTON, AGUILAR AND MAYOR BLEWETT____ NOES: COUNCILMEN_________________________________^__ ABSENT: COUNCILMEN THELMA L. BALKUS, CITY CLERK BIB] 37960-U01 ORD-U02 765-U02 LI2-U03 FO31548-U03 FO32626-U03 DO32638-U03 C5-U03 ORDINANCES-U03 12/4/2003-U04 ROBIN-U04