HomeMy WebLinkAboutNS-2209 - Amending Sections of the Santa Ana Municipal Code, Regulating the Location of Adult Uses372
ORDINANCE NO. NS-2209
AN ORDINANCE OF THE CITY OF SANTA ANA
AMENDING SECTIONS 41-12.2, 41-12.3, 41-
12.4, 41-191, AND 41-685 OF THE SANTA
ANA MUNICIPAL CODE, REGULATING THE
LOCATION OF ADULT USES
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
SECTION 1: That section 41-12.2 of the Santa Ana Municipal
Code is hereby amended to read as follows:
Sec. 41-12.2. Adult entertainment business.
An adult entertainment business is any business except a
theater which features nude or, in the case of females, topless
dancers, go-go dancers, exotic dancers, strippers, male or female
impersonators, or similar entertainers or which features employees
who perform nude or, in the case of females, topless for
observation by the patrons of the business.
SECTION 2: That section 41-12.3 of the Santa Ana Municipal
Code is hereby amended to read as follows:
Sec. 41-12.3. Adult motel.
An adult motel is a motel or similar establishment offering
public accommodations for any form of consideration which provides
patrons with closed-circuit television transmissions, films, motion
pictures, video cassettes, slides or other photographic repro-
ductions which are characterized by an emphasis upon the depiction
or description of "specified sexual activities" or "specified
anatomical areas."
SECTION 3: That the Santa Ana Municipal Code
amended by adding a section, to be numbered 41-12.4,
section reads as follows:
is hereby
which said
Sec. 41-12.4. Adult theater.
An adult theater is an enclosed building with a capacity for
any number of persons used for presenting either live performances
or motion picture material distinguished or characterized by an
emphasis on matter depicting, describing or relating to "specified
anatomical areas" or "specified sexual activities" (as herein
defined), for observation by patrons therein.
SECTION 4: That section 41-191 of the Santa Aha Municipal
Code is hereby amended to read as follows:
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ORDINANCE NS-2209
Page 2
Bec. 41-191. Regulated uses.
(a) Purpose. It is recognized that there are some uses which,
because of their very nature, are considered as having serious
objectionable operational characteristics, 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 contribute 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 bookstores as defined in section 41-12.1.
(2) Adult entertainment businesses as defined in
41-12.2.
section
(3) Adult theaters as defined in section 41-12.4.
(4)
Public premises as defined in the California Business and
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.
(9) Adult motels as defined in section 41-12.3.
(c) It shall be unlawful to
uses referred to in subsection (b)
of any other such regulated use.
hereafter establish any of the
within one thousand (1,000) feet
(d) None of the uses referred to in subsection (b) may be
established within one thousand (1000) feet of any property zoned
or used for resi. dential, church, school pr~marJly attended by
minors, or park purposes.
(e) Any waiver of the provisions of this section shall be
pursuant to the provisions of Division 1, Article V of this
chapter.
SECTION 5: That section 41-685 of the Santa Ana Municipal
Code is hereby amended to read as follows:
ORDINANCE NS-2209 874
Page 3
41--685. Change of a nonconforming use.
(a) Except as provided in subsections (b) and (c) of this
section,~ and subjgct to the provisions of section 41-685.5, a
nonconforming use may be changed to another nonconforming use if
and only if the new use is unconditionally permitted in the
district in which said use is situated and the new use complies
with the off-street parking requirements of this chapter.
(b) The conversion of a residence in any commercial or
industrial district to a use permitted in that district shall
conform in every respect to all requirements and conditions set
forth for such new use by this chapter.
(c) Except as specified in section 41-685.5, a commercial use
in the Mi or M2 district which is a nonconforming use by reason of
the absence of a conditional use permit may be changed to another
commercial use without the necessity of obtaining a conditional use
permit.
SECTION 6: The amendment made to section 41-685 of the Santa
Ana Municipal Code by this ordinance is made for purposes of
clarification only and does not constitute a substantive change in
that section. It is intended, rather, to better express the
original legislative intent underlying that section.
SECTION 7: 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 City Council of
the City of Santa Ana 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, sentences, clauses, phrases, or
portions be declared invalid or unconstitutional.
SECTION 8: Neither the adoption of this ordinance nor the
repeal hereby of any ordinance shall in any manner affect the
prosecution for violation of ordinances, which violations were
committed prior to the effective date hereof, nor be construed as
affecting any of the provisions of such ordinance relating to the
collection of any such license or penalty or the penal provision
applicable to any violation thereof, nor to affect the validity of
any bond or cash deposit ~n lieu thereof, required to be posted,
filed or deposited pursuant to any ordinance and all rights and
obligations thereunder appertaining shall continue in full force
and effect.
3
ORDINANCE NS-2209
Page 4
ADOPTED this ._.._2.0~._ day of
ATTEST:
J~a~ce C. Guy ~;, ~-~/
Clerk of the Council ~J
COUNCIl,MEMBERS:
Young AYE
Pulido AYE
Lutz AYE
McGuigan AYE
Mills AYE
Moreno . AYE
Richardson AYE
December ._, 1993.
Mayor
APPROVll) AS TO FORM'
Edward J. C o~r
city Attorney
CERTIFICATE OF ORIGINALITY & PUBLICATION
Slate of California
County of Orange
I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Ordinance
/4/~- F.:L.o~ to be the original ordinance adopted by the City Council of the City
!
of Santa Aha on ~~u_~--; and that said ordinance was published in accordance
with the Charter of the City of Santa Aha.
Date:
Clerk of the Council
City of Santa Aha