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10/3/77
ORDINANCE NO. NS- 1395
AN ORDINANCE OF THE CITY OF SANTA ANA
AMENDING SECTION 41-12, AND ADDING
SECTIONS 41-12.1, 41-12.2, 41-12.3,
41-152.1, 41-152.2, AND 41-191 OF THE
SANTA ANA MUNICIPAL CODE, TO REGULATE
THE USE OF LAND AND STRUCTURES THEREIN;
TO SEGREGATE THE LOCATION OF RESIDENCES,
BUSINESSES, TRADES AND INDUSTRIES; AND
TO REGULATE AND RESTRICT THE LOCATION OF
TRADES AND INDUSTRIES AND THE LOCATION OF
BUILDINGS DESIGNED FOR SPECIFIED USES.
WHEREAS, it has been demonstrated that the establish-
ment of adult businesses in business districts, which are immedi-
ately adjacent to and which serve residential neighborhoods,
has a deleterious effect on both the businesses and residential
segments of the neighborhood, causing blight and a downgrading
of property value; and
WHEREAS, it has been demonstrated that the location
of several of the regulated uses in the same neighborhood tends
to attract an undesirable quantity and quality of transients,
adversely affects property values, causes an increase in crime,
particularly prostitution, and encourages residents and busi-
nesses to move elsewhere; and
WHEREAS, it has been demonstrated that the establish-
ment of more than two regulated uses within one-thousand (1,000)
feet of each other serves to promote the clustering of certain
businesses which, when located in close proximity to each
other tend to create a "skid-ro~'atmosphere;~
WHEREAS, concern for and pride in the orderly plan-
ning and development of a neighborhood should be encouraged
and fostered in those persons who comprise the business and
residential segments of that neighborhood;
NOW, THEREFORE, the City Council of the City of
Santa Ana does ordain as follows:
SECTION 1: That section 41-12 of the Santa Ana Munic-
ipal Code, is hereby amended to read as follows:
Section 41-12. Accessory Building
An "Accessory Building" is a subordinate building, the
use of which is clearly incidental and secondary to that of the
main building, on the same lot or parcel of land, which is used
exclusively by the occupant of the main building.
SECTION 2: That the Santa Ana Municipal Code, is
hereby amended by adding a section, to be numbered 41-12.1,
which said section reads as follows:
Section 41-12.1. Adult Bookstore.
An "adult bookstore" is an establishment having as a
substantial or significant portion of its stock in trade, books,
magazines, newspapers, or other printed or written material or
any pictures, drawings, photographs, motion pictures, or other
ORDINANCE NO. NS~ 1395
PAGE TWO
pictorial representations Or any statue' or other figure, which
are distinguished or characterized by their emphasis on matter
depicting, describing or relating to "specified anatomical areas"
or "specified sexual activities" (as herein defined), or an
establishment with a segment or section devoted to the sale or
display of such material.
SECTION 3: That the Santa Ana Municipal Code, is
hereby amended by adding a section, to be numbered 41-12.2,
which said section reads as follows:
Section 41-12.2. Adult Cabaret.
An "adult cabaret" is a cabaret which features top-
less dancers, go-go dancers, exotic dancers, strippers, male
or female impersonators, or similar entertainers.
SECTION 4: That the Santa Ana Municipal Code, is
hereby amended by adding a section, to be numbered 41-12.3,
which said section reads as follows:
Section 41-12.3. Adult Motion Picture Theater.
An "adult motion picture theater" is an enclosed build-
ing with a capacity for any number of persons used for present-
ing material distinguished or characterized by an emphasis on
matter depicting, describing or relating to "specified anatomi-
cal areas" or "specified sexual activities" (as herein defined),
for observation by patrons therein.
SECTION 5: That the Santa Aha Municipal Code, is
hereby amended by adding a section, to be numbered 41-152.1,
which said section reads as follows:
Section 41-152.1. Specified Anatomical Areas.
"Specified anatomical areas" are the following areas
less than completely and opaquely covered: human genitals,
pubic region, buttocks and female breasts below a point immedi-
ately above the top of the areola; and human male genitals in a
discernably turgid state, even if completely and opaquely covered.
SECTION 6: That the Santa Aha Municipal Code, is
hereby amended by adding a section, to be numbered 41-152.2,
which said section reads as follows:
Section 41-152.2. Specified Sexual Activities.
"Specified sexual activities" is defined as:
(a) Human genitals in a state of sexual stimu-
lation or arousal;
(b) Acts of human masturbation, sexual intercourse
or sodomy;
(c) Fondling or other erotic touching of human
genitals, pubic region, buttocks or female breasts.
SECTION 7: That the Santa Ana Municipal Code, is
hereby amended by adding a section, to be numbered 41-191,
which said section reads as follows:
RC$/k 11-17-77
ORDINANCE NO. NS- 1395
PAGE THREE
Section 41-191. Regulated Uses
(a) Purpose.
It is recognized that there are some uses which,
because of their very nature, are considered as
having seri6us objectionable operational charac-
teristics, particularly when several of them are
concentrated under certain circumstances, by having
a deleterious effect upon the adjacent areas.
Special regulation of these uses is necessary to
insure that these adverse effects will not con-
tribute to the blighting or downgrading of the
surrounding neighborhood by a concentration of
these uses in any one area.
(b)
Uses Subject to Regulation:
(1) Adult book store as defined in
Section 41-12.1.
(2) Adult cabaret as defined in
section 41-12.2.
(3) Adult motion picture theater as
defined in section 41-12.3.
(4) "Public premises" as defined in the
California Business & Professions Code
selling liquor or beer for consumption on
the premises as its primary business.
(5) Figure model studios as defined in
section 12-120.
(6) Public dance halls as defined in
section 11-1.
(7) Massage establishments as defined
in section 22-1.
(8) Peep show establishments as defined
in section 12-22.
(c) It shall be unlawful to hereafter establish
any of the uses referred to in subsection (b) within
one thousand (1,000) feet of any two other such regu-
lated uses.
(d) None of the uses referred to in subsection (b)
may be established within three hundred (300) feet of
any property zoned or used for residential, church,
school primarily attended by minors, or park purposes.
ORDINANCE NO. NS- 1395
PAGE FOUR
(e) Any waiver of the provisions of this Section
shall be pursuant to the prov±sions of Division 1,
Article V of this chapter.
ADOPTED, this 12th
by the following vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
day of December , 1977,
Yamamoto, Bricken, Ortiz,
Garthe, Brandt, Ward
None
Evans,
ATTEST:
ABSENT: COUNCILMEN: None
MAYOR
APPROVED AS TO FORM:
KEITH L. GOW
CITY ATTORNEY