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2013/08/27 City Council Ordinance 864ORDINANCE NO. 864 AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK, CALIFORNIA, EXTENDING THE CITY'S MORATORIUM ON AND PROHIBITION OF THE ISSUANCE OF PERMITS OR OTHER ENTITLEMENTS FOR THE ESTABLISHMENT, EXPANSION, OR RELOCATION OF ADULT ENTERTAINMENT BUSINESSES THE CITY COUNCIL OF THE CITY OF ROHNERT PARK ORDAINS AS FOLLOWS: SECTION 1. Findings. The City Council finds as follows: A. On July 23, 2013, pursuant to Government Code Sections 36937 and 65858(b), following notice and a public hearing, the City Council adopted Urgency Ordinance No. 856 establishing a 45 -day moratorium on the issuance of any new permit, license, approval, or entitlement pertaining to Adult Entertainment Businesses (the "Interim Ordinance "). B. Pursuant to Government Code Section 65858(b), the City may, after notice and a public hearing, extend the Interim Ordinance for an additional period of up to 22 months and 15 days. C. Based on substantial evidence in the record, the Development Services Manager has recommended that the approval or issuance of permits for Adult Entertainment Businesses presents an immediate threat to and specific adverse impact upon the public health, safety, and welfare of the community. D. On August 27, 2013, the City Council held a duly noticed public hearing to consider extending Ordinance No. 856 for an additional twenty two (22) months and fifteen (15) days from the date Ordinance No. 856 expires. E. The City Council considered all of the written and oral testimony offered at the duly noticed public hearing held on August 27, 2013, concerning whether to extend Ordinance No. 856. F. The factual basis for extending the Interim Ordinance includes the following: 1. The recitals, provisions, and findings made in Ordinance No. 856 are hereby reaffirmed, readopted, and incorporated by reference as though they were fully restated herein. 2. The City desires to further study the potential effects of Adult Entertainment Businesses on the public health, safety, and welfare, in order to determine whether reasonable conditions, such as those imposed by neighboring jurisdictions should be placed on Adult Entertainment Businesses in the City. 3. City staff is reviewing RPMC Chapter 17 as well as the provisions of neighboring jurisdictions. However, as provided for in the staff report, which is incorporated by reference, the City Council finds that staff needs additional time to study, review and make an informed recommendation regarding possible amendments to RPMC that would impose reasonable regulations on Adult Entertainment Businesses. 4. Once a draft ordinance is prepared, that legislation must first be reviewed by the Planning Commission and City Council and the public at two meetings and, if adopted, the ordinance would not go into effect for an additional 30 -days. 5. In order to avoid a lapse in the moratorium, it is necessary that the Interim Ordinance be extended. 6. Until such time as the proposed amended regulations are adopted and effective, there is a significant risk of illegal and potentially injurious activity, and the City has a legitimate interest in providing reasonable safeguards against unlawful acts as well as injury and economic loss to such adult entertainment patrons. 7. Adult Entertainment Businesses are businesses that involve intimate contact between persons, which creates opportunities for acts of prostitution and other unlawful sexual activity to occur. 8. The establishment of new reasonable standards for the issuance of permits for Adult Entertainment Businesses and regulations on the operation of Adult Entertainment Businesses will serve to reduce the risk of illegal and potential injurious activity. 9. The absence of this ordinance would create a serious threat to the orderly and effective implementation of any RPMC amendments that may be adopted in that the issuance of permits to Adult Entertainment Businesses within the City may be in conflict with or frustrate the contemplated RPMC amendments. G. Pursuant to Government Code Section 65858(d), the City has issued a report relative to the steps taken to alleviate the conditions that necessitated the adoption of the Interim Ordinance, which report is incorporated by this reference. H. The City Council finds that there is a current and immediate threat to the public health, safety, and welfare based on the above findings and, upon that basis, has determined that an extension of the moratorium prohibiting the issuance of new permits for Adult Entertainment Businesses is warranted. SECTION 2. Extension of Moratorium. The City Council orders that, pursuant to the authority granted to the City Council by California Government Code Section 65858 to protect the health, safety, and general welfare of the residents of the City of Rohnert Park, the City Council hereby extends Ordinance No. 856 which established a moratorium on Adult Entertainment Businesses as follows: A. 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 Ord. 864 Page 2 of 5 new Adult Entertainment Businesses within the City, except as otherwise provided for herein. hl 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 an 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 7.04, 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 3. Legal, Operational and Planning Study. The Planning Department and the City Attorney's Office are directed to continue to study and analyze issues related to the establishment, permitting, and operation within the City of Adult Entertainment Businesses, 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 the implementation of new regulations, the public interest, health, safety, and welfare require immediate enactment of this Ordinance. SECTION 4. 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 5. Severability. 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 6. Effective Date and Duration. This ordinance is an urgency ordinance enacted under California Government Code Section 65858(b). This urgency ordinance is effective immediately upon adoption by a four - fifths (4/5) vote of the City Council and, unless terminated Ord. 864 Page 3 of 5 sooner by the City Council, will extend for a period of 22 months and 15 days from the date of adoption at which time it will automatically expire. SECTION 7. Publication. The City Clerk is directed to cause this ordinance to be published in the manner required by law. PASSED, APPROVED AND ADOPTED this 27th day of August, 2013 by the following vote: AYES: Five (5) Council Members Ah.anotu, Belforte, Mackenzie, Callinan and Mayor NOES: None (0) Stafford ABSENT: None (0) ABSTAIN:None (0) ATTEST: JoAnne Bue gler City Clerk APPJ(OVED A£ Tp FORM: Mi�hTearchetta Kenyon City Attorney Ord. 864 Page 4 of 5 Pam Stafford, Mayor STATE OF CALIFORNIA COUNTY OF SONOMA CITY OF ROHNERT PARK ss. CITY CLERK'S CERTIFICATION OF THE ADOPTION OF ORDINANCE I, JoAnne Buergler, City Clerk of the City of Rohnert Park, do hereby certify that the foregoing Ordinance No. 864 was adopted at a regular meeting of the City Council on the 27th day of August, 2013 by the following roll -call vote: AYES: Five (5) Council Members Ahanotu, Belforte, Mackenzie, Callinan and Mayor Stafford NOES: None (0) ABSENT: None (0) ABSTAIN: None (0) JoAnne Buergler ITY CLERK Ord. 864 Page 5 of 5 Attachment to Ordinance 864 17.04.030 Definitions of words and terms "Adult entertainment business" A. "Adult book store" means an establishment having as a substantial or significant portion of its stock -in -trade (i.e., at least twenty -five 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" means 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" means 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" means an enclosed building meeting the definition of "Adult motion picture theater," except that it has a capacity of less than fifty persons. E. "Adult motion picture arcade" means 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 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" means an enclosed building, with a capacity of fifty 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 percent or more of the movies shown in a six month period are distinguished or characterized by sexual emphasis as described in this subsection. G. "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" 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. "Other" means 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" means any business, agency, or person who, for any form of consideration or gratuity, provides a place where three 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.