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HomeMy WebLinkAboutOrd. No. 1985-755ORDINANCE N0. 755 AN URGENCY ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REGULATING THE LOCATION AND ESTABLISH- MENT OF ADULT BUSINESSES WHEREAS, adult businesses may have certain adverse impacts on properties adjoining them; WHEREAS, the location and proliferation of adult businesses within certain areas of the City may result in a general reluctance to invest in those areas; and WHEREAS, the inappropriate location of adult businesses may have a negative impact on certain segments of the community. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION ONE. The above recitals are true and correct. SECTION TWO. "Adult Business" shall mean any massage parlor, motel, studio, bookstore, theater, cabaret, or sexual encounter center which is not customarily open to the general public under the age of eighteen (18) as a prevailing business practice, due to the nature and explicitness of sex related subject matter.. SECTION THREE. Uses classified as adult businesses shall not be permitted within the City's Central Business District as herein defined: On the east and west sides of Main Street between Lakeshore Drive to the south and the Interstate 15 Freeway to the north and along the north and south sides of Graham Avenue between Main Street to the east and Chaney Street to the west. SECTION FOUR. Uses classified as adult businesses may be permitted in the C-2 (General Commercial) and CM (Commercial Manufacturing) Zoning Districts out- side the Central Business District, subject to obtaining a Conditional Use Permit and meeting the following requirements: 1. No adult businesses shall locate within five hundred feet (500') of the boundary of a residential district as shown on official City maps, or within five hundred feet (500') of any residential use. 2. No adult businesses shall locate within one thousand feet (1,000") of any other adult business. 3. No adult businesses shall locate within one thousand feet (1,000') of any public or private school, park, playground, civic or cultural building, church. or beach. 4. All development standards of the base district shall be applied. 5. The interior of any bookstore shall be adequately lighted and constructed so that every portion thereof is readily visible to the clerk ar other supervisory personnel from the counter or other regular station. 6. Lobby and entrance areas shall be designed so as to minimize obstruction of sidewalks during operating hours. 7. Advertisement, displays, or other promotional materials shall not 6e shown or exhibited so as to be visible to the public, from pedestrian sidewalks or walkways, or from other areas public or semi-public; and such displays shall be considered signs. 8. All-signage, window and other, shall be approved by the Planning Division. SECTION FIUE. If any provision or clause of this ordinance or the application thereof to any person or circumstances is held to be unconstitutional or other- wise invalid by any court of competent jurisdiction, such invalidity shall not affect other provisions or clauses or applications of this ordinance which can be implemented without the invalid provision, clause or application; and to this end, the provisions of this ordinance are declared to be severable. SECTION SIX. This ordinance shall be effective immediately and shall remain in effect for sixty (60) days after adoption. -2- INTRODUCED, APPROVED AND ADOPTED UPON FIRST READING this 24th day of September, 1985, upon the following roll call vote: AYES: COUNCILMEMBERS: KNIGHT, MATSON, STRIGOTTE, VERMILLION, VALENZUELA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE / L~ ~. Arta Valenzuela, M r ATTEST: o Ann Money, City Cler (SEA APPROVED AS TO FORM: John R. Harper, City Attorney - 3- .• a STATE OF CALIFOPNIA ) ss. COUNTY OF RIVERSIDE ) I, Jo Ann Money, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on September 24, 1985 d(~(QXb(~#Xk~9(X~~~4(~(#X9f~~(~XtX~X~d( and was passed by the following vote: AYES:. COUNCILMEMBERS: KNIGHT, MATSON, STRIGOTTE, VERMILLION, VALENZUELA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE JO NN MONEY, CITY CL RK C OF LAKE ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) I, Jo Ann Money, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 755 of said Council, and that the same has not been amended or repealed. DATED: September 25, 1985 J ANN MONEY, CITY CLERK Y OF LAKE ELSINORE (SEAL)