2013/07/23 City Council Ordinance 856ORDINANCE NO. 856
AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROHNERT PARK, CALIFORNIA, ESTABLISHING A TEMPORARY MORATORIUM
ON AND PROHIBITING THE ISSUANCE OF PERMITS OR OTHER ENTITLMENTS
FOR THE ESTABLISHMENT, EXPANSION OR RELOCATION OF ADULT
ENTERTAINMENT BUSINESSES PENDING THE REVIEW AND POSSIBLE
AMENDMENT OF ZONING AND OTHER REGULATIONS TO SUCH BUSINESSES,
TO BECOME EFFECTIVE IMMEDIATELY
THE CITY COUNCIL OF THE CITY OF ROHNERT PARK HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Authority. This Ordinance is adopted pursuant to the provisions set forth in Government
Code Sections 65868 and 36937 and pursuant to other applicable law.
SECTION 2. Findings.
A. Pursuant to Article XI, Section 7 of the California Constitution, the City of Rohnert Park may make and
enforce all regulations and ordinances using its police powers.
B. The stated purpose of the Rohnert Park Zoning Code, codified as Chapter 17 of the Rohnert Park
Municipal Code (RPMC), is to manage future development and growth consistent with the Rohnert Park
General Plan and ensure that development creates harmonious, convenient, workable relationship
among land uses.
C. Under RPMC Chapter 17, adult entertainment businesses, as that term is defined in Section 17.04.030
( "Adult Entertainment Businesses "), are conditionally permitted in the C -R Regional Commercial Zoning
District as provided for in Chapter 17.06.060. Adult Entertainment Businesses are further regulated
pursuant to RPMC Chapter 17.07, the Land Use Footnotes /Special Provisions.
D. The Graton Resort and Casino project, a casino development with Las Vegas style gambling and a
3,000 slot- machines located adjacent to the city limits ( "Graton Casino "), is expected to open by
November 1, 2013. The Graton Casino will operate 24 hours a day, 7 days a week, and is expected to
attract - on average - approximately 8,000 visitors per day from locations throughout the Bay Area and
beyond.
E. The Graton Casino, like other casinos in California and the United States, is expected to foster growth in
related businesses that cater to the resort and casino clientele. The demand for Adult Entertainment
Businesses is expected to increase with the influx of visitors, as vacationing casino patrons often seek
other entertainment activities when traveling. As a result, the City anticipates numerous requests by
operators regarding the applicable regulations for Adult Entertainment Businesses.
F. The RPMC's regulations of Adult Entertainment Businesses need to be re- evaluated in light of the
potential change in demand to consider the disbursement of such businesses throughout the zoning
districts, proximity to similar businesses and sensitive uses, and operational regulations such as the
hours of operation in relation to public health, safety and welfare concerns, including the impacts these
businesses may have on the surrounding uses and the community.
G. Adult Entertainment Businesses may engage in a business that involves intimate contact between
persons which: (a) create significant risk of injury to patrons, and (b) create opportunities for acts of
prostitution and other unlawful sexual activity to occur.' The City has a legitimate interest in providing
reasonable safeguards against crime, injury and economic loss to such patrons.
H. The establishment of comprehensive regulations for the issuance of permits for Adult Entertainment
Businesses would serve to reduce the risk of illegal and potential injurious activity.
1 See e.g., The Relationship Between Crime and Adult Business Operations on Garden Grove Boulevard, available online at
http: / /secondaryeffectsresearch.com /tiles/ City% 20of %20Garden %20Grove %20Report.pdf
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Government Code sections 65858 and 36937 authorize the adoption of an interim urgency ordinance to
protect the public health, safety and welfare, and to prohibit otherwise permitted land uses when those
uses may conflict with land use regulations that the City's legislative bodies are considering, studying or
intending to study within a reasonable time.
J. The City published notice of the public hearing to consider the adoption of this interim urgency
ordinance in accordance with Government Code § 65090, held a public hearing on July 23rd, and
considered the public's testimony.
K. The City Council hereby determines that the RPMC is in need of further review and possible revision to
protect the public against potential negative health, safety, and welfare impacts and to address potential
deficiencies in its Code associated with Adult Entertainment Businesses. Further, time is required for
staff to study and analyze whether to limit such businesses to certain zoning districts, which districts
would be appropriate for such uses, and what design and operating restrictions and conditions would
advance the public's interest.
L. Failure to adopt this moratorium would impair the orderly and effective implementation of contemplated
amendments to the RPMC, and any further authorization of these Adult Entertainment Businesses
within the City during the period of the moratorium may be in conflict with or may frustrate the
contemplated amendments to the RPMC
M. The City Council further finds that this moratorium is a matter of local and City -wide importance and is
not directed towards any particular Adult Entertainment Businesses that currently seek(s) the issuance
of a permit.
SECTION 3. Imposition of Temporary Moratorium.
A. In accordance with the authority granted the City under Government Code section 65858 and 36837,
and pursuant to the findings stated herein, the City Council (1) hereby finds that there exists a current and
immediate threat to the public health, safety, and welfare requiring this change in the City's permitting provisions
for Adult Entertainment Businesses, (2) further finds that this ordinance is necessary for the immediate
preservation of the public peace, health and safety, and (3) hereby declares and imposes a temporary
moratorium for the immediate preservation of the public health, safety and welfare as set forth below.
The City orders as follows: For a period of forty -five (45) days from and after the date of adoption of this
Ordinance, no permits (including use permits, conditional use permits, special or temporary permits) or other
applicable use entitlement (including variances, building permits, or business licenses) under Chapters 17 of the
RPMC may be issued for the establishment or operation of a new Adult Entertainment Businesses within the
City, except as otherwise provided for herein. In addition, no existing Adult Entertainment Businesses may be
relocated or expanded, whether by means of additional space, construction of new facility, or by reconfiguration.
The moratorium set forth above shall not apply to the renewal of any existing business license for a
Adult Entertainment Business (provided the renewal seeks to maintain the business in the existing location)
B. For purposes of this Ordinance, the terms Adult Entertainment Businesses shall have the meaning
set forth in RPMC Chapter 17.04, which is excerpted in Attachment 1 hereto and incorporated by this reference.
C. Establishment or operation of unpermitted Adult Entertainment Businesses in the City of Rohnert
Park shall be a public nuisance per se, enforceable by any applicable law, including but not limited to
injunctions, administrative citations or criminal penalties.
SECTION 4. Legal, Operational and Planning Study. The Planning Department and the City
Attorney's Office are directed to study and analyze issues related to the establishment, permitting, and operation
of Adult Entertainment Businesses within the City, and their potential impacts on public health, safety and
welfare of the community, the desirability of such Adult Entertainment Businesses in various zones, and the
extent of regulatory controls, if any, to impose on such Adult Entertainment Businesses. The City Council directs
that all studies be pursued as expeditiously as practicable. In order to prevent frustration of these studies and
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the implementation of new regulations, the public interest, health, safety, and welfare require immediate
enactment of this Ordinance.
SECTION 5. Written Report. Pursuant to Government Code section 65858, staff must prepare for
consideration and issuance by the City Council a written report describing the measures taken to address the
conditions which led to adoption of this Ordinance. The report will be provided to the City Council so that it may
be considered and issued no later than ten (10) days prior to the expiration of this Ordinance.
SECTION 6. Environmental Review. The City Council finds that this ordinance is not subject to the
California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a
direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not
a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14,
Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly;
rather it prevents changes in the environment pending the completion of the contemplated municipal code
review.
SECTION 7. Severabilitv. If any section, subsection, sentence, clause, or phrase of this ordinance is
for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such
decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares
that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase
not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be
subsequently declared invalid or unconstitutional.
SECTION 8. Effective Date and Duration. This ordinance is an urgency ordinance enacted under
California Government Code sections 65858(a) and 36937. This urgency ordinance is effective upon adoption
by a four -fifths (4/5) vote of the City Council and will extend for a period of forty -five (45) days from the date of
adoption at which time it will automatically expire unless extended by the City Council in accordance with
California Government Code section 65858.
SECTION 9. Publication. The City Clerk is directed to cause this ordinance to be published in the
manner required by law.
This ordinance was introduced and duly adopted by the City Council of the City of Rohnert Park at the regular
meeting held this 23`d day of July 2013 by a four -fifths vote of the City Council as follows:
AYES: FOUR (4) Councilmembers Ahanotu, Mackenzie, Callinan and Mayor Stafford
NOES: NONE (0)
ABSENT: ONE (1) Coun.cilmember Belforte
ABSTAIN: NONE (0)
Mich le . enyon
City Attorney
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Pam Stafford, May
STATE OF CALIFORNIA )
COUNTY OF SONOMA ) ss.
CITY OF ROHNERT PARK )
CITY CLERK'S CERTIFICATION OF
THE ADPOTION OF ORDINANCE
I, JoAnne Buergler, City Clerk of the City of Rohnert Park, do hereby certify that the foregoing
Ordinance No. 856 was introduced and adopted, as an urgency measure pursuant to California Government
Code section 36937 (b), at a regular meeting of the City Council on the 23 day of July, 2013 by the following roll -
call vote:
AYES:
FOUR (4) Councilmembers Ahanotu, Mackenzie, Callinan and Mayor Stafford
NOES: NONE (0)
ABSENT: ONE (1) Councilmember Belforte
ABSTAIN: NONE (0)
-.J/ILLk_k
nne Buergler
CITY CLERK
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Attachment 1:
Excerpts of RMPC
Adult entertainment business:
A. Adult Book Store: An establishment having as a substantial or significant portion of its stock -in -trade (i.e., at
least twenty -five (25 %) percent) books, magazines, and 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 materials
B. Adult cabaret: A nightclub, theater, or other establishment which features live performances by dancers,
"go -go" dancers, exotic dancers, strippers, or similar entertainers where such performances are
distinguished by an emphasis on specified sexual activities or specified anatomical areas, whether covered
or not.
C. Adult hotel or motel: A hotel or motel wherein adult 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.
D. Adult mini - motion picture theater: An enclosed building meeting the definition of "adult motion picture
theater," except that it has a capacity of less than fifty (50) persons.
E. 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 - producing devices are maintained to show images to five (5) or fewer persons per machine
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.
F. Adult motion picture theater: An enclosed building, with a capacity of fifty (50) or more persons, used for
presenting material distinguished or characterized by its emphasis on matter depicting, describing, or
relating to specified sexual activities or specified anatomical areas for observation by the patrons therein.
For the purposes of this definition, a theater may be considered to be an adult motion picture theater if
twenty -five (25 %) percent or more of the movies shown in a six (6) month period are distinguished or
characterized by sexual emphasis as described in this subsection.
G. Specified anatomical areas: "Specified anatomical areas" are defined as follows:
(1) Less than completely and opaquely covered:
(a) Human genitals or the pubic region;
(b) Buttocks; and
(c) Female breasts below a point immediately above the top of the areola; and
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
H. Specified sexual activities: "Specified sexual activities" are defined as follows:
(1) Actual or simulated sexual intercourse, oral copulation and intercourse, oral -anal copulation, bestiality,
direct physical stimulation of unclothed genitals, flagellation or torture in the context of sexual relationship,
the use of excretory functions in the context of a sexual relationship, and depictions of any of the following
sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio,
necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or
(2) Clearly depicted human genitals in a state of sexual stimulation, arousal, or tumescence; or
(3) The use of human or animal masturbation, sodomy, oral copulation, coitus, ejaculation; or
(4) Fondling or touching nude human genitals, the pubic region, buttocks, or female breasts; or
(5) Masochism, erotic or sexually oriented torture, beating, or the infliction of pain; or
(6) Erotic or lewd touching, fondling, or other contact with an animal by a human being; or
(7) Human excretion, urination, menstruation, or vaginal or anal irrigation.
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I. Other: Any other business or establishment which offers its patrons services or entertainment characterized
by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified
anatomical areas.
J. Sexual encounter center: Any business, agency, or person who, for any form of consideration or gratuity,
provides a place where three (3) or more persons, not all members of the same family, may congregate,
assemble, or associate for the purpose of engaging in specified sexual activities or exposing specified
anatomical areas.
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