HomeMy WebLinkAboutORD 1170 (1996) ] ORDINANCE NO. 1170
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AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
3 THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING
INTERIM LAND USE REGULATIONS FOR ADULT
4 ENTERTAINMENT BOOKING AGENCIES
The City Council of the City of Tustin hereby ordains as
6 follows:
7 Section 1. The City Council finds, determines, and
declares pursuant to Government Code Section 65858 as follows:
A. Booking agencies that provide for or arrange for adult
9 entertainment in homes, apartments, private offices, hotel rooms
and motel rooms have recently located in commercial areas of the
]0 City of Tustin. Additional such booking agencies are seeking to
locate in Tustin.
B. Police investigation has revealed that the exotic dancers
]2 and entertainers booked by such agencies are engaged in adult
entertainment characterized by stripping, nude and nearly nude
]3 dancing, and other activities designed to stimulate adult sexual
interest. Such a business activity heightens the potential for
]4 illegal acts of pimping, prostitution, drug use and drug sales, to
occur in the City. Such illegal acts have occurred in other cities
Is where the entertainers of such agencies perform.
]6 C. Neighboring businesses have complained of excessive foot
traffic. Such businesses also complain that entertainers loiter
]7 about the premises and lounge in hallways and restrooms. Nearby
residents have complained of vehicle traffic coming and going at
]8 all hours.
]9 D. Police investigation has revealed that the entertainers
gather at the agency, and are periodically transported by drivers
20 to their bookings. After the show, the driver returns to the
booking agency to deposit the show fee due the Agency. This
21 activity frequently takes place at night and in the early morning
hours.
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E. As evidenced by the complaints of neighboring businesses,
23 residents, and police investigation, adult entertainment booking
agencies are not a typical office use and are causing negative
24 secondary effects on nearby businesses and residences in Tustin.
Unless properly located and controlled, the operations of such
25 booking agencies are incompatible with other office and commercial
uses.
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F. The Community Development Department is currently
27 reviewing and preparing a revised Zoning Code that will address
such uses, among other items, but in the interim this ordinance is
28 needed for the immediate preservation of the public health, peace
and safety. As evidenced by the facts stated above, unless land
Ordinance No. 1170
Page 2
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3 use controls are promptly placed on the establishment of adult
entertainment booking agency uses, the public health, safety and
4 welfare will suffer. The regulations contained in this ordinance,
which require such uses to obtain a Use Permit, will help to insure
5 that the premises occupied by such agencies are compatible with
other commercial office uses.
6
Section 2. Part 3 of Chapter 2 of Article 9 of the Tustin
7 City Code is amended as specified below.
8 Section 9231 d. Add as follows:
2. Adult Entertainment Booking Agency, as defined in
9 Section 3731 of this Code.
10 Section 9232 b. Add as follows:
(x) Adult Entertainment Booking Agency, as defined in
]! Section 3731 of this Code.
]2 Section 9233 c. Add as follows:
(dd) Adult Entertainment Booking Agency, as defined in
]3 Section 3731 of this Code.
14 Section 9234 c. Add as follows:
(12) Adult Entertainment Booking Agency, as defined in
15 Section 3731 of this Code.
]6 Section 9235 c. Add as follows:
(gg) Adult Entertainment Booking Agency, as defined in
]7 Section 3731 of this Code.
ls Section 3. If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held to be
19 invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity
2o of the remaining portions of this ordinance. The City Council of
the City of Tustin hereby declares that it would have adopted this
21 ordinance and each section, subsection, sentence, clause, phrase or
portion thereof irrespective of the fact that any one or more
22 sections, subsections, sentences, clauses, phrases, or portions be
declared invalid or unconstitutional.
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Section 4. The City Council hereby approves and adopts
24 this Ordinance by the required four-fifths (4/5) vote as an urgency
ordinance pursuant to Government Code Section 36937 for the
25 preservation of the public peace, health and safety based on the
facts and findings stated in Section 1.
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1100- 012
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Ordinance No. 1170
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2 PASSED AND ADOPTED by a four-fifths (4/5) vote of the City
Council at a regular meeting of the City Council for the City of
3 Tustin on this 3rd day of June , 1996.
5 /
TRAOY WIL~WORLEY, Mayor
6
S PAM~IfA STOKER] City Clerk
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1100.
30388
City of Tustin
ORDINANCE CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
ORDINANCE NO. 1170
Pamela Stoker, City Clerk and ex-officio 'Clerk of the City Council of
the City of Tustin, California, does hereby certify that the whole
number of the members of the City Council of the City of Tustin is
five; that the above and foregoing Ordinance No. 1169 was introduced,
passed and adopted at a regular meeting of the City Council held on
June 3, 1996 by the following vote:
COUNCILMEMBER AYES: Worley, Thomas, Doyle, Saltarelli
COUNCILMEMBER NOES: None
COUNCILMEMBER ABSTAINED: None
COUNCILMEMBER ABSENT: Potts
P~]'a' ~-oker; Ci~cy Clerk