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CC Ordinance 2250Ordinance No. 2250 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL ADOPTING A CITY -INITIATED TEXT AMENDMENT (PLN2019-054) TO AMEND 'CAMPBELL MUNICIPAL CODE. ("CMC") CHAPTER 5.55 (SEXUALLY ORIENTED BUSINESSES REGULATIONS) TO CLARIFY PROVISIONS AND CORRECTLY REFERENCE THE . TERM SEXUALLY ORIENTED BUSINESSES WHERE ADULT OR ADULT ORIENTED BUSINESSES ARE REFERENCED AND TO CONSIDER THE PLANNING COMMISSION'S RECOMMENDATION TO ADOPT A CITY -INITIATED ZONING CODE AMENDMENT (PLN2019-011) AMENDING CAMPBELL. MUNICIPAL CODE ("CMC") SECTION 21.36.205 (SEXUALLY ORIENTED BUSINESSES) TO ELIMINATE THE AMORTIZATION PERIOD FOR NONCONFORMING SEXUALLY ORIENTED BUSINESS USES, ESTABLISHING. 60-CALENDAR DAYS AS THE PERIOD OF TIME A BUSINESS MAY DISCONTINUE OR ABANDON A USE WITHOUT RESULTING IN A LOSS OF LEGAL NON -CONFORMING STATUS AND MAKING OTHER MINOR CHANGES AND CMC CHAPTER 21.72 (DEFINITIONS) TO CORRECTLY REFERENCE THE TERM SEXUALLY ORIENTED BUSINESSES WHERE ADULT OR ADULT ORIENTED BUSINESSES ARE REFERENCED. After notification and public hearing, '.as specified by law and after presentation by. the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the City Council of the City of Campbell does ordain as follows: SECTION 1. The City Council finds and determines that the Zoning Code Amendment is categorically exempt 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, because the Zoning Code Amendment has no potential for resulting in a significant effect on the environment, directly or indirectly (Sec. 15061(b)(3)). This determination is made, in part, on the basis that the Ordinance would serve to eliminate the amortization period for nonconforming sexually oriented business uses, establish 60- calendar days as the period of time a business may discontinue or abandon a use without resulting in a loss of legal non -conforming status, and make other minor changes (not creating or establishing new uses or land use activities) and correctly reference the term, sexually oriented businesses where adult oriented businesses are indicated for clarity and internal code consistency (effectively a minor text edit).. SECTION 2. The City Council finds and determines that it is not the intent of the City of Campbell in enacting this ordinance, or any provision thereof, to condone or legitimize the distribution of obscene material, and the City of Campbell recognizes that state law prohibits the distribution of obscene materials and expects and encourages law enforcement officials to enforce state obscenity statues against such illegal activities in the City of Campbell. SECTION 3. The City Council finds and determines that nothing in this Ordinance is intended to authorize, legalize, or permit the establishment, operation, or maintenance of any business, building, or use which violates any City ordinance or any statue of the State City Council Ordinance No. 2250 Page 2 of 7 of California regarding public nuisances, unlawful or indecent exposure, sexual conduct, lewdness, obscene or harmful matter or the exhibition or public display thereof. SECTION 4. The City Council finds and determines that nothing contained in this ordinance is intended to reinstate the right of any business that ceased operation prior to July 1, 2019 to recommence operations, even if the cessation of operations was pursuant to previously codified amortization period set by municipal ordinance. SECTION 5. The City Council further finds and determines that the proposed Zoning Code Amendment is consistent with the goals, policies, and actions of the General Plan; would not be detrimental to the public interest, health, safety, convenience, or general welfare of the city; and is internally consistent with other applicable provisions of the Zoning Code. SECTION 6. The City Council further finds and determines that the proposed Text Amendment and Zoning Code Amendment are consistent with the goals, policies, and strategies of the General Plan (including but not limited to: Policy LUT-11.2.a. '— Services Within Walking Distance, LUT-13.1. — Variety of Uses, and Strategy LUT-13.1 c — Fiscal Effects of Land Use) would not be detrimental to the public interest, health, safety, convenience, or general welfare of the city; and that the Zoning Code Amendment is internally, consistent with other applicable provisions of the Zoning Code. SECTION 7. The Planning Commission provided a written recommendation to the City Council to approve the proposed Zoning Code Amendment as captured and reflected in ;Section 17 through 22 of this Ordinance based on the findings contained in Section 21.60.070 (Findings and Decision). SECTION 8. The proposed amendments to the Campbell Municipal Code, including the proposed Zoning Code Amendment, were initiated by the City Council in accordance with CMC 21.60.020 (Initiation of Amendment) at its meeting of July 2, 2019. SECTION 9. Chapter 5.55 (Sexually Oriented Businesses Regulations): The definition of "Regularly features" of Campbell Municipal Code Section 5.55.020 — Definitions., is amended to read as follows with underlining indicating new text and strikeouts (c+r�) indicating deleted text: "Regularly features" with respect to are--aclult sexually oriented theater or a4u tsexually oriented cabaret means a regular and substantial course of conduct. The fact that live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities occurs on two or more occasions within a thirty day period; three or more occasions within a sixty day period; or four or.more occasions within a one hundred and eighty day period, shall to the extent permitted by law be deemed to be a regular and substantial course of conduct. SECTION 10. Chapter 5.55 (Sexually Oriented Businesses Regulations): Subsection (h) of Campbell Municipal Code Section 5.55.050 — Applications., is amended to read as follows with underlining indicating new text and strikeouts (fit) indicating deleted text: (h) A certificate and straight-line drawing prepared within thirty days prior to application depicting the building and the portion thereof to be occupied by the sexually oriented business, and: (1) the property line of any other sexually oriented business within three hundred feet of the primary entrance of the sexually oriented business for which a permit is requested; and (2) the property lines of any church, City Council Ordinance No. 2250 Page 3 of 7 school, park, residential zone or use within three hundred feet of the primary entrance of the sexually oriented business. ' SECTION 11. Chapter 5.55 (Sexually Oriented Businesses Regulations): Subsection (b) of Campbell Municipal Code Section 5.55.055 — Notice of application., is amended to read as follows with underlining indicating new text and strikeouts (strikeout) indicating deleted text: (b) The notice required by this section shall be in substantially the following form: NOTICE OF APPLICATION FOR SEXUALLY ADULT ORIENTED BUSINESS Date of Mailing: The City of Campbell has received an application to operate a Sexually --Oriented Business at (address), Due to court decisions of the State and Federal Courts,. the City cannot absolutely prohibit sexually - oriented arcades, bookstores, cabarets, hotel/motels, theaters and motion picture theaters, or modeling studios. The chief of police can deny an application for as sexually adult oriented business if: (1) The applicant, his or her employee, agent, partner, director, officer, shareholder or manager has knowingly made any false, misleading or fraudulent statement of material fact in the application for a sexually oriented business permit; (2) The proposed business is not located in an M-1 (Light Industrial) zoning district; (3) The proposed business would be located within three hundred feet from any existing schools for minors, churches or religious institutions, parks, and residentially zoned, districts or uses; (4) The proposed business would be located within three hundred feet of any other sexually oriented business; (5) The applicant is under eighteen years of age; or (6) The proper application fee has not been paid. If you have any questions, you should contact the Campbell police department within ten days from the mailing of this notice at / / (telephone number), / / (e-mail address), or by mail at: Campbell Police Department 70 N. First Street Campbell, California 95008 Re:.Sexually Adult -Oriented Business Application SECTION 12. Chapter 5.55 (Sexually Oriented Businesses Regulations): Subsection (a) of Campbell. Municipal Code Section 5.55.070 — Permit denial., is amended to read as follows with underlining. indicating new text and strikeouts (strikeeut) indicating deleted text: (a) The applicant, his or her employee, agent, partner, director, officer, shareholder or manager has knowingly made any false, misleading or fraudulent statement of material fact in the application for a+i sexually orientedadu# business permit. SECTION 13. Chapter 5.55 (Sexually Oriented Businesses Regulations): Subsection (a) of Campbell. Municipal Code Section 5.55.090 — Registration of new employees., is amended City Council Ordinance No. 2250 Page 4 of 7 to read as follows with underlining indicating new text and strikeouts (strut) indicating deleted text: (a) As a further condition of approval of every sexuallyaduft oriented business permit issued pursuant to this chapter, every owner or operator shall register every employee with the police department within five business days of the commencement of the employee's period of employment at the sexuallyadu# oriented business. SECTION 14. Chapter 5.55 (Sexually Oriented Businesses Regulations): Subsection (d) of Campbell Municipal Code Section 5.55.090 — Registration of new employees., is amended to read as follows with underlining indicating new text and strikeouts (strikeout) indicating deleted text: (d) Each owner or operator of as sexuallyad-uEt oriented business shall maintain a current register of the names of all employees currently employed by the sexuallyadutt oriented business, and shall disclose such registration for inspection by any police officer for purposes of determining compliance with the requirements of this section. SECTION 15. Chapter 5.55 (Sexually Oriented Businesses Regulations): Subsection (i) of Campbell Municipal Code .Section 5.55.120 — Sexually oriented business development -and performance standards., is amended to read as follows with underlining indicating new text and strikeouts (S*r�ut) indicating deleted text: (i) Any Isexually oriented business which is also at4 "sexually orientedadu# arcade," shall comply with the following provisions: (1) The interior of the premises shall be configured in such a. manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there' is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection must be direct line of sight from the manager's station. (2) The view area specified in subsection (i)(5) of this section shall remain unobstructed by any doors, walls, merchandise, display racks, or other materials at all times. No patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted. (3) No viewing room may be occupied by more than one person at any one time. (4) The walls or partitions between viewing rooms or booths shall be maintained in good repair at all times,.with no holes between any two such rooms such as would allow viewing from one booth into another or such as to allow physical contact of any kind between the occupants of any two such booths or rooms. (5) Customers, patrons or visitors shall not be allowed to stand idly by in the. vicinity of any such video booths, or from, remaining in the common area of such business, other than the restrooms, who are not actively engaged in shopping for or reviewing the products available on display for purchaser viewing. Signs prohibiting loitering shall be posted in prominent places in and near the video booths. (6) The floors, seats, walls and other interior portions of all video booths shall be maintained clean and free from waste and bodily secretions. Presence of human excrement, urine, semen or saliva in any such booths shall be evidence of improper maintenance and inadequate sanitary controls; repeated instances of such conditions may justify suspension or revocation of the owner and operator's license to conduct the sexually oriented establishment. City Council Ordinance No. 2250 Page 5 of 7 SECTION 16. Chapter 5.55 (Sexually Oriented Businesses Regulations): Subsection (k) of Campbell Municipal Code Section 5.55.120 — Sexually oriented business development and performance standards., is amended to read as follows with underlining indicating new text and strikeouts (st�u ) indicating deleted text: (k) The sexually oriented business shall provide and maintain separate rest room facilities for male patrons and employees, and female patrons and employees. Male patrons and employees shall be prohibited from using the rest room(s) for females, and female patrons and employees shall be prohibited from using the rest room(s) for males, except to carry out duties of repair, maintenance and cleaning of the rest room facilities. The rest rooms shall be free from any sexually orientedaduit material. Rest rooms shall not contain television, monitors or other motion picture or video projection, recording or reproduction equipment. The foregoing provisions of this subsection shall not apply to a sexually oriented business which deals exclusively with sale or rental of sexually orientedadu4t material which is not used or consumed on the premises, such as an sexually orientedaduit bookstore or sexually orientedadu>t video store, and which does not provide rest room facilities to its patrons or the general public. SECTION 17. Subsection C (Amortization of nonconforming' sexually oriented business. uses.) of Section 21.36.205 (Sexually oriented businesses) of the Campbell Municipal Code is amended to read as follows with underlining indicating new text and strikeouts (st�u) indicating deleted text: C. Amortization of nonconforming sexually oriented business uses. Any use of real property lawfully existing on July 1, 2019--t-he-effee#ave-date-of-tNs-sestien, which does not conform to the provisions of this section, but which was constructed, operated, and maintained in compliance with all previous regulations, shall be regarded as a nonconforming use which may remain indefinitely in accordance with CIVIC 21.58 (Nonconforming Uses and Structures) except as provided for by this section--whish m-ay-be--Gontinued-un4Wanuar-y 1, �0`0.-©n or -before sueia dat�atl such c�c�neen#erm+�-uaess�halt be -terminated uniess an—extension-e time leas -been ape d—by--the—planning ear risen —in sempl+a-nc4a-yith4he-pr-evisiores-ef-s- eet+en-D-Gf4h-is-seetien: 1. Abandonment. Notwithstanding the above, any discontinuance or abandonment of the use of any lot or structure as a sexually oriented business for a continuous period of 60 calendar days shall result in a loss of legal nonconforming status of such use without the need for formal revocation by the decision making body. 2. Annexed property. Any sexually oriented business which was a legal use at the time of annexation of the property and which is located in the city, but which does not conform to the provisions of subsection B of this section, shall be terminated within one year of the date of annexation unless an extension of time has been approved by the planning commission in compliance with the provisions of subsection D of this section. 3. Any nonconforming sexually oriented business in operation pursuant to this section shall obtain and maintain -a sexually oriented business permit, in compliance with Chapter 5.55 of the Campbell Municipal Code, by MarGh 1, 2010. SECTION 16. Subsection B of Section 21.72.020 (Definitions of specialized terms and phrases) of the Campbell Municipal Code is amended to revise the definition of "Bookstore" to read as follows with underlining indicating new text and strikeouts (c+r�At) indicating deleted text: "Bookstore" means a retail establishment primarily engaged in the sale, rental, or other charge -for - use of books, magazines, newspapers, and .other printed conveyed information or media, excluding sexually oriented bookstores as defined in Campbell Municipal Code Section 5.55.020 (Definitions)any adl4it bien-ted-bu-sine-ssez!" . City Council Ordinance No. 2250 Page 6 of 7 SECTION 19. Subsection I of Section 21.72.020 (Definitions of specialized terms and phrases.) of the Campbell Municipal Code is amended.. to revise the definition of "Indoor amusement/entertainment/recreation centers" to read as follows with underlining indicating new text and strikeouts (strikeout) indicating deleted text: "Indoor amusement/entertainment/recreation centers" means indoor establishments providing amusement/entertainment/recreation services for a fee or admission charge, including: arcades emphasizing coin operated amusements and/or electronic games; bowling alleys; card rooms; dance halls, clubs and ballrooms, and billiard parlors and pool halls, that are principal uses rather than being subordinate to a bar or restaurant; ice skating, and roller skating; skateBoard ramps, and trampoline centers. Does not include "adult sexually oriented businesses" as defined in Campbell Municipal Code Section 5.55.020 (Definitions)wh+ch4s-separ-atei"ef4-aed. SECTION 20. Subsection P of Section 21.72.020 (Definitions of specialized terms and phrases) of the Campbell Municipal Code is amended to revise the definition of "Public assembly uses" to read as follows with underlining indicating new text and strikeouts (stam) indicating deleted text: "Public assembly uses" means a facility or place where groups of people gather for civic, educational, political, religious, or social purposes. "Public assembly uses" include the following: Auditoriums; 2. Conference centers; 3. Convention and exhibition halls; 4. Lecture halls; 5. Meeting halls; 6. Religious institutions. Does not include banquet facilities ("Banquet Facilities"), movie theaters, performing arts theaters, or concert halls ("Theaters, Movie or Performing Arts, and Concert Halls"). Also does not include "Adult ^ I Fiente d B sinessessexually oriented bgusinesses." as defined in Campbell Municipal Code Section 5.55,020 (Definitions). Public assembly uses shall comply with the provisions of Section 21.36.170. SECTION 21. Subsection S of Section 21.72.020 (Definitions of specialized terms and phrases) of the Campbell Municipal Code is amended to add the definition of "Sexually oriented businesses" between the definitions of "Setback" and "Shopping centers" to read as follows with underlining indicating new text: "Sexually oriented businesses" has the same meaning as defined in Campbell Municipal Code Section 5.55.020 (Definitions). SECTION 22: Subsection T of Section 21.72.020 (Definitions of specialized terms and phrases.) of the Campbell Municipal Code is amended to revise the definition of "Theaters, movie or performing arts, and concert halls" to read as follows with underlining indicating new text and strikeouts (cheat) indicating deleted text: "Theaters, movie or performing arts, and concert halls" means indoor facilities for public assembly and group entertainment, other than sporting events, including: public and semi-public auditoriums; civic theaters, and facilities for "live" theater and concerts; motion picture theaters; and similar public assembly uses. Does not include uses categorized as " Adult Oriented Ryiwi.nessecsexuaiY oriented b9usinesses" as defined in Campbell Municipal Code Section 5.55.020 (Definitions) or as "Public Assembly Uses." City Council Ordinance No. 2250 Page 7 of 7 SECTION 23. This Ordinance shall become effective thirty (30) days following its passage and adoption and shall be published, one time within fifteen (15) days upon passage and adoption in the Campbell Express, a newspaper of general circulation in the City of Campbell, County of Santa Clara. PASSED AND ADOPTED this 3rd day of September, 2019 by the following roll call vote: AYES: Councilmembers: Resnikoff, Bybee, .Gibbons, Landry, Waterman NOES: Councilmembers: None ABSENT`. Councilmembers: None ABSTAIN: Councilmembers: None APP O ED: tA Ri and M. Waterman, Mayor ATTES Wendy W o , City Clerk r