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HomeMy WebLinkAboutORD 767ORD 767pT3(ÌìÑêORDINANCE NO. 767; \ S£CO<\0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADMW—— CERTAIN SECTIONS TO THE BALDWIN PARK ZONING CODE RELATING TO ADULT BUSINESS REGULATIONS AND CERTIFYING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT CASE NO AZC-76) THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES ORDAIN AS FOLLOWS: SECTION 1. That Part XXIV entitled Adult Business Regulations" is hereby added to Article IX of the Baldwin Park Zoning Code consisting of Sections 9900 through 9903, inclusive, which shall read as follows: 9900. DEFINITIONS. For the purpose of this Ordinance, the phrases hereinafter set forth, shall be defined as follows: 0) 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 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 or place of business which presents live entertainment, or closed circuit television, or motion picture or slide photographs, which are distinguished or characterized, by their emphasis on matter depicting, describing or relating to specified sexual activity or specified anatomical areas. Material shall mean, and include, but not be limited to, books, magazines, photographs, drawings, or paintings, motion pictures, closed circuit television, and pamphlets, or any combination thereof. 5) Specified Anatomical Areas shall mean: a) less than completely and opaquely covered: 1) human genitals, pubic region; i1) 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 or 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^ Model ing Studio means an establishment or business which provides tTTe 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. BIB] 37960-U01 ORD-U02 767-U02 LI2-U03 FO31548-U03 FO32639-U03 DO32641-U03 C5-U03 ORDINANCES-U03 12/4/2003-U04 ROBIN-U04 ORD 767pT3(ÌìÑêOrdinance No. 767 Page 2 8) Massage Parlor means an establishment required to be licensed pursuant to Section 4500 et seq. of the Baldwin Park Municipal Code. 9901. 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 Chapter. 9902. CONDITIONAL USE PERMIT REQUIRED. Adult businesses shall be permitted pursuant hereto only Tf7 1) a conditional use permit therefor is first obtained; and 2) the real property upon which use is proposed to be located, is 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 zones R-1, R-2 or R-3, nor within 500 feet of any other real property upon which there is located an educational institution or a church. 9903. NONCONFORMING ADULT BUSINESSES. Notwithstanding any other provision of this Chapter, all existing uses, to which this Part applies, but which do not conform with the provision of this Part, as of the effective date hereof, shall comply herewith within twenty-four 24) months after such effective date. All adult businesses which were lawfully in existence as of the effective date of Ordinance No. 767, and which were rendered nonconforming by the application thereto of the provisions of this Part, shall be subject to abatement in the manner set forth in Part 10 hereof." SECTION 2. That Section 9472 of the Baldwin Park Zoning Code be, and the same hereby is, amended by adding subparagraph la) to read: la) Adult business, subject to the provisions of Part XXIV of these regulations." SECTION 3. That the City Council has considered the initial study conducted with respect to the matter above described. The City Council has, as a result of its said consideration, and the evidence presented at the hearings on the said matter, determined that the negative declaration as heretofore filed and proposed as a result of the said initial study, is appropriate, and does hereby find that the said negative declaration has been prepared and considered pursuant to the provisions of the California Environmental Quality Control Act of 1970, as amended, and does hereby approve the said negative declaration. SECTION 4. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional. If for any reason this Ordinance or any part thereof should be declared invalid or unconstitutional, then the original ordinance, or ordinances, which this Ordinance, or part thereof, supersedes shall be in full force and effect. BIB] 37960-U01 ORD-U02 767-U02 LI2-U03 FO31548-U03 FO32639-U03 DO32641-U03 C5-U03 ORDINANCES-U03 12/4/2003-U04 ROBIN-U04 ORD 767pT3(ÌìÑêOrdinance No. 767 Page 3 SECTION 5. That the City Clerk shall certify to the adoption of this Ordinance and cause the same to be published in the manner prescribed by law. APPROVED AND ADOPTED this 2nd day of March 1978. 4f^ H^^-^^^ ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES) SS: CITY OF BALDWIN PARK I, THELMA L. BALKUS, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Ordinance No. 767 was regularly introduced and placed upon its first reading at a special vsssa^w^ meeting of the City Council on the 15th day of February7 1978. That, thereafter, said Ordinance was duly approved and adopted at a__________regular meeting of the City Council on the 2nd day of MarcTi, 1978, by the following vote: AYES: COUNCILMEN HAMILTON, AGUILAR AND MAYOR BLEWETT NOES: COUNCILMEN ABSENT: COUNCILMEN BIB] 37960-U01 ORD-U02 767-U02 LI2-U03 FO31548-U03 FO32639-U03 DO32641-U03 C5-U03 ORDINANCES-U03 12/4/2003-U04 ROBIN-U04