HomeMy WebLinkAboutCC RES 98-086:~ RESOLUTION NO. 98-86
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3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
ADOPTING A NEGATIVE DECLARATION FOR ORDINANCE NO. 1204
4. (CODE AMENDMENT 98-003) RELATED TO A COMPREHENSIVE
s SEXUALLY ORIENTED BUSINESS ORDINANCE INCLUDING
REQUIRED FINDINGS PURSUANT TO THE CALIFORNIA
6 ENVIRONMENTAL QUALITY ACT.
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a The City Council of the City of Tustin finds and resolves as followS:
9 WHEREAS, a permanent sexually oriented business ordinance is considered "a project"
pursuant to the terms of the California Environmental Quality Act (CEQA); and
WHEREAS, an environmental checklist and Negative Declaration were prepared for this
project and available for public review; and
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WHEREAS, the Planning Commission of the City of Tustin has considered evidence
presented by the Community Development Director and other interested parties with
respect to the subject Negative Declaration; and,
WHEREAS, the Planning Commission did on the 24th day of August, 1998, holda duly
noticed public hearing as prescribed by law to consider said Negative Declaration and
Ordinance; and,
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The City Council has evaluated the proposed Negative Declaration and determined that
the project is regulatory in nature and therefore, would not have a significant effect on
the environment. When individual applications are submitted for consideration,
independent environmental review will occur.
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NOW, THEREFORE, BE IT RESOLVED by .the City of Tustin City Council, as follows:
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A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, said Council
adopts the following findings:
2s 1. The Negative Declaration was submitted to the Orange County Clerk and
posted for circulation and review on July 24, 1998.
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2. The attached Initial Study and Negative Declaration shows that the
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project will not have a significant impact on the environment (Attachment
28 A). The proposed project is regulatory in nature. As specific site plans
Resolution No. 98-86
Page 2
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are proposed in accordance with these provisions, independent
6 environmental analysis will be conducted.
? 3. The proposed project involves no potential for adverse effect, either
s individually or cumulatively, on wildlife resources. As a .result, the project
qualifies for the DeMinimis Impact exemption from the Department of Fish
9 and Game environmental review fees. The Director of Community
Development shall prepare, execute and file a certificate of fee
z0 exemption.
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~_2 PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the
21st day of September, 1998o
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THOMAS R.:,SC~LTAP:ELLi
z? Mayor
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!9 ?O,,)1/~~ ~
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PAiVIELA STOKER
2,_ City Clerk
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COMMUNITY DEVELOPMENT DEPARTMENT
300 Centennial Way, Tustin, CA 92780
(714) 573-3105
NEGATIVE DECt_ARATION
Project Title: SEXUALLY ORIENTED BUSINESSES ORDINANCE (ORDINANCE NO. 1204)
Project Location: CITYWIDE
AN ORDINANCE TO DISPERSE AND LIMIT; LICENSE AND REGULATE; AND PROVIDE
Project Description: ADDITIONAL HEALTH AND SAFETY REGULATIONS FOR SEXUALLY ORIENTED BUSINESSES
Project Proponent: cITY OF TUSTIN
Lead Agency Contact Person: ELIZABETH A. BINSACK Telephone: (714) 573-3106
The Community Development Department has conducted an Initial Study for the above project in
accordance with the City of Tustin's procedures regarding implementation of the California
Environmental Quality Act, and on the basis of that study hereby finds:
That there is no substantial evidence that the project may have a significant effect on the
envirbnment.
That potential significant effects were identified, but revisions have been included in the project
plans and agreed to by the applicant that would avoid or mitigate the effects to a point where
clearly no significant effects would occur. Said Mitigation Measures are included in
Attachment A ofthe Initial Study which is attached hereto and incorporated herein.
Therefore, the preparation of an Environmental Impact Report is not required.
The Initial Study which provides the basis for this determination is attached and is on file at the
Community Development Department, City of Tustin. The public is invited to comment on the
appropriateness of this Negative Declaration during the review period, which begins with the public
notice of Negative Declaration and extends for twenty (20) calendar days. Upon review by the
Community' Development Director, this review period may be extended if deemed necessary.
REVIEW PERIOD ENDS 4:00 P.M. ON
Elizabeth A. BinsaCk
Community Development Director
NEGDEC.PM5
3704.A
COMMUNITy DEVELOPMENT DEPARTMENT
300 Centennial Way, Tustin, CA '92780
- (714) 573-3105
INITIAL STUDY
A. BACKGROUND
Project Title: SEXUALLY ORIENTED BUSINESSES ORDINANCE (ORDINANCE NO. 1204)
Lead Agen. cy: ' City of Tustin
300 Centennial Way
Tustin, California 92780
Lead Agency Contact Person: ELIZi~BETH A. BINSACK Phone: (714') 573-3106
Project Location: CITYWIDE
Project Sponsor's Name and Address: CITY OF TUSTIN
300 CENTENNIAL WAY
TUSTIN, CA 92780
General Plan Designation: .. N/A
Zoning Designation: N/A
Project Description: AN ORDINANCE TO DISPERSE AND LIMIT; LICENSE AND REGULATE; AND
PROVIDE ADDITIONAL HEALTH AND SAFETY REGULATIONS FOR SEXUALLY ORIENTED BUSINESSES.
Surrounding Uses:
North N/A East N/A
South N/A West N/A
Other public agencies whose approval is required:
[] Orange County Fire Authority [] City oflrvine
[] Orange County Health Care Agency [] City of Santa Aria
[] South Coast Air Quality Management [] Orange county EMA
District
D Other
B. ENVIRONMENTAL 'FACTORS POTENTIALLY AFFECTED
The environmental factors checked below would be potentially affected by this project, involving
at least one impact that is a "Potentially Significant Impact" as indicated by the checklist in
Section D below.
M Land Use and Planning [] Hazards
[] Population and Housing [] ' Noise
[] Geological Problems [] Public Services
[] Water [] Utilities and Service Systems '
[], Air Quality .IX]'Aesthetics
[] Transportation &Circulation l"l 'CUltural Resources
[] Biological Resources [] Recreation
[] Energy and Mineral Resources [] Mandatory Findings of gignificance
C. DETERMINATION:
Oh the basis of this initial evaluation:
[] I find ~at the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE
DECLARATION will be prepared.
,~ I find that although the proposed project ,could have a significant effect on the environment, there will not be a
significant effect in this case because the mitigation measures described on an attached sheets have been added to the
project. A NEGATIVE DECLARATION will be prepared.
[] I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL
IMPACT REPORT is required.
[] I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect 1) has been
adequately analyzed in an earlier document pursuant to applicable legal standards,. and 2) has been addressed by
mitigation measures based on. the earlier analysis as described on attached sheets, if the effect is a "Potentially
Significant Impact' or "Potentially Significant Unless Mitigated." An ENVIRONMENTAL IMPACT REPORT is
required, but it must analyze only the effects that remain to be addressed.
[] I find that although the proposed project could have a Significant effect on the environment, 'there WILL NOT be a
significant effect in this case because all potentially significant effeas I) have been analyzed adequately in an earlier
EIR pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier EIR, including
revisions or mitigation measures that are imposed upon the proposed project.
[] I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a
significant effect in this case because all potentially significant effects 1) have been analyzed adequately in an earlier
NEGATIVE DECLARATION pursuant to applicable Standards, and 2) have been avoided or mitigated pursuant to
that earlier' NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the
proposed project.
Print Name SCOTT REEKSTIN Tvde ASSOCIATE PLANNER
D. ENVIRONMENTAL' IMPACTS:
[] Earlier analyses used: Potentially
Significant
Available for review at: City of Tustin Community Potentially Unless Less than
Development Department Significant Mitigation Significant
Impact Incorporated Impact 1Vo Impact
1o LAND USE & PLANNING - Would the proposal:
a) Conflict with general plan designation or zoning? [] [] [] []
b) Conflict with applicable environmental plans or policies
adopted by agencies ,Mth jurisdiction over the project? [] [] [] []
c) Be incompatible ~vith existing land uses in the vicinity? [] ~ [] []
d) Affect agricultural resources or operations? [] [] []
e) Disrupt or divide the physical arrangement of an
established community (including a low-income or
minority community)? [] [] [] l:8r
2. POPULATION & HOUSING - IVould the proposal:
a) Cnmulatively exceed official regional or local population
projections? [] [] []
b) Induce substantial gro~ in an area either directly or
indirectly (e.g., through projects in an undeveloped area
or extension of major infrastructure)? [] [] []
c) Displace e.,dsting housing, especially affordable housing? [] [] []
3. GEOLOGIC PROBLEMS - }Vould the proposal result in or
expose people to potential impacts involving:
a) Fault rupture? [] [] [] .{~
b) Seismic ground shaking? [] [] []
c) Seismic ground failure, incl.uding liquefaction? [] [] [] []
d) Seiche, tsunami, or volcanic hazard? [] [] [] []
e) Landslides or mudflows? [] [] [] []
.- f)Erosion, changes in topography or unstable soil
conditions from excavation, grading, or fill? []' [] [] []
g). Subsidence offand? [] [] [] []
h) Expansive soils? [] [] [] []
i). Unique geologic or physical features? [] []
4. WATER - Would the proposal result in:
a) Changes in absorption rates, drainage pauerns, or the
rate and amount of surface runoff?. [] [] [] []
b) Exposure of pe6ple or property to water related hazards
such as flooding? [] [] [] []
c) Discharge into surface waters or other alteration of
surface water quality (e.g., temperature, dissolved oxygen
or turbidity)? [] [] []
d) Changes in the amount of surface water in any water
body?
e) Changes in currenks, or the course or direction of water
movements? [] [] []
7'-- ~-,potentially
Potentially Unless Less than
Significant Mitigation Significant
bnpact Incorporated Impact No Impact
f) Change in the quantity of ground waters, eider through
direct additions or withdrawals, or thxough interception .
of an aquifer by cuts or excavations or through
substantial loss of groundwater recharge capability7
g) Altered direction or rate of flow of groundwater?
h) Impacts to groundwater quality?
i) Substantial reduction in the mount of groundwater
othenvise available for public water supplies?
5. AIR QUALITY - Would the proposal:
a) Violate any air quality standard or contribute to an
e.,dsting or projected air quality Violation?
b) Expose sensitive receptors to pollutants?
c) Alter air movement, moisture, or temperature, or cause
any change in climate?
d) Create objectionable odors?
6. TRANSPORTATION & CIRCULATION - t~buld the
proposal result in:
a) Increased vehicle trips or traffic congestion?
b) HaTarcls to safety from design features (e.g., iharp curves
or dangerous intersections) or incompatible uses (e.g.,
farm equipment)?
c) Inadequate emergency access or access to nearby uses?
d) Insufficient parking capacity onsite or offsite?
e) Hazards or barriers for pedestrians or bicyclists?
f) Conflicts ~fith adopted policies supporting alternative
uansportation (e.g. bus turnouts, bicycle racks)?
g) ' Rail, waterborne or air traffic impacts?
7." BIOLOGICAL RESOURCES - Would the proposal result
in impacts to:
a) Endangered, threatened or rare species or their habitats
(including but not limited to.plants, fish, insects,
animals, and birds?
b) Locally designated species (e.g., heritage trees)?
c) Locally designated natural communities (e.g., oak forest,
coastal habitat, etc.)?
d) Wedand habitat (e.g., marsh, riparian, and vernal pool)?
e) Wildlife dispersal or migration corridors7
8. ENERGY & MINERAL RESOURCES - Would the
proposal:
' a) Conflict with adopted energy conservation plans?
b) Use nonrenewable resources in a wasteful and inefficient
manner?
c) Result in the loss of availability of a known mineral
resource that would be of future value to the region?
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"\,, , ~"',~Potentially
""' ' '.:i',' Significant
Potentially Unless Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
9. HAZARDS - }Vould the propoial invollve:
a) A risk of accidental explosion or release of hazardous
substances (including, but not limitedto, oil, pesticides,
chemicals, or radiation)? [] [] [] ~
b) Possible interference with emergency response plan or
emergency evacuation plan? [] [] [] I~
c) The creation of any health hazard or potential health
hnTard? [] [] [] []
d) Exposure of people to e:dsting sources of potential health
e) Increased fire h~7~rd in areas with timable brush,
grass, or uees? [] [] []
10. NOISE - I. Vould the proposal result in:
a) Increases in e.'dsting noise levels? [] [] [] []
b) Exposure of people to severe noise levels? [] [] [] []
1I. PUBLIC SERVICES - lf'buld the proposal have an effect
upon, or result in a need for new or altered government
sen, ices in a. ny of the following areas:
a) Fire protection? [] [] [] []
b) Police protection? [] [i~ [] []
c) Schools? [] [] []
d) Maintenance of public facilities, including roads? [] [] [] ~
e) Other government sen'ices? [] I~ [] []
12. UTILITIFS & SERVICE SYSTEMS - I~buld the proposal
result in a need for new systems or supplies, or substantial
alterations to the followitig utilities: '
a) Power or natural gas? [] [] [] ~
b) · Communications systems? [] [] [] []
c) Local or regional water ueatment or distribution -
facilities? [] [] [] []
d) Sewer or septic tanks7 [] [] [] []
e) Storm water drainage? [] [] [] []
f) Solid waste disposal7 [] [] [] [~
g) Local or regional water supplies? [] [] [] []
13. AESTHETICS - Would the proposal: '
a) AFfect a scenic vista or scenic highway? [] [] [] []
b) Have a demonsUable negative aesthetic effect? [] [] [] []
c) Create light or glare? [] ]~ [] []
-:-Potentiallv
'.-- igni~cant
Potentially O~less Less than
Significant b[itigation Significant
Impact Incorporated hnpact No Impact
14. CULTURAL RESOURCES - Would the proposal:
a) Disturb paleontological resources?
b) Disturb archaeological resources?
c) Have the potential to cause a physical change which
would affect unique ethnic cultural values?
d) Restrict e,,dsting religious or sacred uses x~ithin the
potential impact area7
15. RECREATION - IVould the proposal:
a) Increase the demand for neighborhood or regional parks
or other recreational facilities?
b) Affect existing recreational opportunities?
16. MANDATORY FINDh'NGS OF SIGNIFICANCE
a) Does the project have the potential to degade the quailD'
of the environment, substantially reduce the habitat of a
fish or wildlife species, cause a fish or wildlife
population to drop below self-sustaining levels, threaten
to eliminate a plant or animal community., reduce the
number or restrict the range of a rare or endangered
plant or animal or eliminate important examples of the
major periods of California history or prehistory?
b) Does the project have the potential to achieve short-term,
to the disadvantage of long-term, environmental goals?
c) Does the project have impacts that are individually
limited, but cumulatively considerable? C'Cumulatively
considerable" means that the incremental effects of a
project are considerable when viewed in connection with
the effects of past projects, the effects of other current
projects, and the effects of.probable future projects).
d)' Does the project have environmental effects which ~vill
cause substantial adverse effects on human beings, either
direc~y or indirectly7
Eo EVALUATION OF ENVIRONMENTAL IMPACTS
Please refer to Attachment A for an evaluation of the environmental impacts identified in Section
D above.
INITSTUD. PM5
3702A
ATTACHMENT A
EVALUATION OF ENVIRONMENTAL IMPACTS
SEXUALLY ORIENTED BUSINESS ORDINANCE
ORDINANCE NO. 1204
CODE AMENDMENT 98-003
BACKGROLrNDAND ENVIRONMENTAL EVALUATION
The proposal is a code amendment to disperse and limit sexually
oriented businesses to specified zoning districts; license and
regulate 'sexually oriented businesses and employees; and provide
additional health and safety regulations for sexually oriented
businesses. Similar regulations were established in Urgency
Ordinance No. 1198, which will expire on January 17, 1999. The
· Ordinance protects the immediate. health, safety and welfare of
City of Tustin residents and businesses from the negative
secondary effects of sexually oriented businesses. Individual
requests for sexually oriented business uses may have negative
impacts on the surrounding'environments; however, this ordinance
would assist in preventing and/or reducing secondary effects that
these uses may have on adjacent. uses, neighborhoods and
.communities, while preserving constitutional rights. Without
these regulations, sexually oriented businesses may be established
in the City of Tustin without being required to adhere to the
reasonable operational standards. contained in Ordinance No. 1204.
Because of the regulatory nature of the proposed ordinance, the
project will not create significant environmental. impacts. When
individual projects are proposed that are regulated by the
proposed ordinance, independent environmental.'analyses will occur
at the time of project submittal.
ENVIRONMENTAL SETTING
The proposal is a code amendment that may'have impacts citywide,
but is not location-specific. Environmental concerns'specific to
the project are primarily focused on potential land use &
planning, transportation & circulation, public services, 'and
aesthetics impacts related to the implementation of the proposed
code amendment. A detailed analysis of these and other.
environmental issues fis addressed in the following discussion,
which is provided to' substantiate the responses to the Checklist
questions presented in Section D of this Initial Study.
1. LAND USE & PLANNING
Items a, b, d and e - "No Impact". The proposed code
amendment does not conflict with the Tustin General Plan,
Tustin Zoning Code, or environmental plans. The proposal
Attachment A Evaluation of Environmental Impacts
Sexually Oriented Business Ordinance
Page 2
will not affect agriculture or divide an established
community.
item c - "Potentially Siqnificant Unless Mitigation
IncorDorated": The proposal establishes land use, licensing,
and health and safety regulations for sexually oriented
businesses. Due to negative secondary impacts, these
businesses may Re considered incompatible with some existing
land uses in the vicinities of their potential locations.
Sources: Project Description
Tustin Community Development Department
City of Tustin General Plan
City of Tustin Zoning Code
Studies on sexually oriented businesses:
Upland, California (1992)
Santa Maria, California (1993)
Garden Grove, California (1991)
Phoenix, Arizona (1986)
Minneapolis, Minnesota (1980)
Houston, Texas (1983)
Indianapolis, Indiana (1984)
Amarillo, Texas (1977)
Austin Texas (1986)
Seattle, Washington (1989)
Oklahoma City (1986)
Beaumont, Texas (1982)
Whittier, California (1978)
Mitiqation/Monitorinq Re0n/ired: To improve
compatibility with adjacent land uses, the following
mitigation measures are included in the proposed
ordinance:
The establishment of a sexually oriented business shall
be permitted only in the specified PCMU, PC-C, PCC, M,
and PC-IND zoning districts, and shall be subject to
the following restrictions. No person shall cause or
permit the establishment of a sexually oriented
business, as defined in this ordinance, within 500 feet
of any religious institution, school, boys' club,
-girls' club or similar existing youth organization, or
public park or public building or within 500 feet of
any residential district or use, or'within 500 feet of
an existing sexually oriented business.
Attachment A.- Evaluation of Envirbnmental Impacts
Sexually Oriented Business Ordinance
Page 3
A person is guilty of a misdemeanor if he/she causes or
permits the operation, establishment or maintenance
of more than one sexually oriented business within the
same building, structure or portion thereof, or causes
the substantial enlargement of any sexually oriented
business in any building, structure or portion· thereof
containing another sexually oriented business.
The interior premises of a sexually oriented business
shall not be visible from outside the premises-
It shall be· unlawful and a person is .guilty of a
misdemeanor if he/she operates or causes to be operated
a sexually oriented business, and allows such business
to remain open for· business or. to permit any service
provider in the business to engage in a performance,
solicit a performance, make a sale, solicit a sale,
provide a service or solicit a service, between the
hours of 12:00 a.m. and 9:00 aim. of any particular
.day.
No person shall establish a sexually oriented business
without a valid .sexually oriented business permit
issued by the City.
2. POPULATION & HOUSING
Items a throuqh c - "No 'Impact": The proposal will not
affect existing housing or create a demand for additional
=housing, as no dwelling units are 'proposed. The proposed
project would establish regulations for sexually oriented
businesses that serve the existing local and sub-regional
population.
Sources: Project description
Tustin Community Development·Department
Mitiqation/M~nitorinq Required: None Required.
3o GEOLOGICAL PROBLEMS
Items a throuqh i - "NO 'ImDact": No unstable conditions,
significant changes in topography or exposure to geological
h-azards will result from the subject proposal. The proposed
code amendment is for a change of land use, licensing, and
Attachment A - Evaluation of Environmental Impacts
Sexually Oriented Business Ordinance
Page 4
health and safety regulations only; no development is
associated with the proposal. Any potential mmpac~s related
to minor grading activity or excavation for the construction
of. improvements required for individual sexually oriented
businesses would be addressed under separate CEQA review.
Sources: Project description
Tustin Community Development Department-
Mitiqation/Monitorinq Required: None Required.
4. WATER
Items a ~hrouqh i - "No Impact": The proposed code amendment
would not result in any changes to any existing water
conditions. Specific proposals for sexually oriented
businesses will be evaluated on a case by case basis for
waterrelated impacts.
Sources: Project Description
Mitiqation/Monitorinq Required: None Required.
5. AIR QUALITY
Items a throuqh d - "No Imoact": Based on a review of The
South Coast Air Quality Management District's (SCAQMD) CEQA
Air Quality Handbook, this p~oject will not result in any
degradation to the existing air quality. Any possibility of
dust generated by future construction activity will be
evaluated and, if necessary, mitigated during the review of
that specific development proposal.
Sources: Project Description
Tustin Community Development Department
South Coast Air Quality Management District.
1993. CEQA Air Quality HandbOok.
Mitiaation/Monitorinq ReG-aired: None Required.
6. TRANSPORTATION & CIRCULATION
items a throuah c and e throuqh q - "No impact": The
proposed code amendment will not alter existing circulation
Attachment A - Evaluation of EnvironmentalImpacts
Sexually Oriented Business Ordinance
Page 5
patterns. The project will have no effect on existing access
or circulation. routes, emergency or pedestrian access, or
other modes of transportation. The establishment of sexually
oriented businesses-may generate traffic near individual
sites which would be evaluated on a case by case basis.
Item d - ~Potentially Siqnif~cant Unless Mitiaation
Incorporated": The establishment of each business may result
in insufficient parking capacity onsite or offsite.
Sources: Project Description
City of TuBtin General Plan
City of Tustin Public Works Department
City of Tustin Zoning Code
Mitiqation/Monitorinq Rec~ired: 'Sexually oriented
businesses shall comply with the parking requirements
set forth in the proposed ordinance, the Zoning code
and the City of Tustin Parking Design Standards and
Landscape and irrigation Guidelines. The number of
parking spaces provided shall be the equivalent of that
required for new construction, regardless of the status
of the legal nonconforming parking rights of the
previous use.
7o BIOLOGICAL RESOURCES
Items a throuah e "No Impact": The proposal will not
result in any'impacts to-biological resources. However, each
future sexually oriented business constructed according to
the proposed regulations will be evaluated on an individual
basis.
Sources: Tustin Community Development Department
City of Tustin'General Plan
Mitiaation/Monitorinq Required: None Required.
8o ENERGY & MINERAL RESOURCR~
Items a throuqh ~ "No Impact". The proposed change in land
use regulations will. not impact energy andmineral resources.
Each future sexually oriented business will be evaluated for
such potential impacts on an individual basis. Any future'
construction would need to comply with the Energy
Attachment A Evaluation of Environmental impacts
Sexually Oriented Business Ordinance
Page 6
Conservation Standards set forth. in Title 24 of the
California Administrative Code.
Sources: Tustin Community Development Department
Project Description
Mitigation/Monitoring Required: None Required.
9. HAZES
Items a through e - "No impact". There is no risk of
explosion, interference with emergency response plans,
creation or exposure of people to health hazards, or
increased fire hazard associated with the project.
Sources: Project.Description
City of Tustin Building Division
Orange County Fire Authority
Mitigation/Monitoring Required: None Required.
10. NOISE
Items a and b - "No Impact"- The proposed code amendment
will not result in an~ increases in noise levels or exposure
of people to severe noise levels. However, the establishment
of sexually oriented businesses could result in increased
noise levels and/or create short-term construction noise
impacts. Any such construction would be required to satisfy
the City's noise ordinance. Each future sexually oriented
business will be evaluated on an individual basis to
determine the potential to create'noise impacts. '
'Sources: Project Description
Tustin Community Development Department
City of Tustin General Plan
Tustin City Code Article 4, Chapter 6
Mitigation/Monitoring Required: None Required.
11o PUBLIC SERVICES
items a and c through e - "No Impact": The proposal will not
have an effect upon, or result in a need for, new or altered
Attachment A - Evaluation of Environmental Impacts
Sexually Oriented Business Ordinance
Page 7
government services with 'the exception of police protection
and administrative/code enforcement services.
item b - ~Potentiallv Siqnificant Unless Mitiaation
IncorDorated": Each future sexually Oriented business may
have an effect upon, or result in a need for new or altered
police protection and administrative/code enforcement
services. Costs for these services will be off-set through
permit fees and business license taxes.
Sources: Various City Departments
Project description
Mitiqation/Monitorinq RecFuired: The annual
application/permit fee deposit for a sexually oriented
business permit is one thousand dollars ($!,000.00),
respectively. If the City's actual costs are less than
$1,000.00 to review, investigate, or conduct an annual
inspection, respectively, for a sexually oriented
business, the applicant shall be refunded the balance.
If the City's review, investigation, and amnua!
inspections, respectively, exceeds $1,000.00, the
applicant shall pay the increase prior to the issuance
of a permit to operate.
-Each individual who provides services of any kind
whether or not an employee, independent contractor, or
sole proprietor in a sexually oriented business, exceot
for the permitee(s) holding a permit under Section 10
of this ordinance, shall be required to obtain a
Sexually Oriented Service Proriders 'License. Each
applicant shall pay a permit fee of forty dollars
($40.00). Said fee is to cover reasonable
investigative administrative costs of th~ licensing
application process. The renewal of the license shall
be subject to payment of a fee in the amount of $40.00.
Each sexually oriented business shall provide a
security system that visually records and monitors all
parking lot areas serving the use. All indoor areas of
the 'business shall be open to public view at. all times
with exception of restroom facilities. ~ Accessible to
the public" shall include those areas which are only
accessible to members of the public who pay a fee
and/or join a private club or organization. Further,
the sexually oriented business s'hall provide security
guards, who are state licensed, armed, uniformed and
-Attachment A - Evaluation of Environmental Impacts
Sexually Oriented Business Ordinance
Page 8
approved by the City of Tustin Police Department,
during all hours of operation. The number of such
guards so required shall be determined by the Chief of
Police, and such number may be increased, at the
Chief's discretion, if such increase is necessary to
protect the public peace and the surrounding
neighborhood.
All off-street parking areas and premise entries of a
sexually oriented business shall be illuminated from
dusk to closing hours of operation with a lighting
system which provides an average maintained horizontal
illumination of one (1.0) foot-candle of light on the~
parking surface and/or walkways. This required lighting
level is established to provide sufficient illumination
of the parking areas and walkways serving the sexually
oriented business for the personal safety of patrons
and employees and to reduce the incidence of vandalism'
and criminal conduct. A lighting plan shall be
submitted to the COmmunity Development DireCtor or
designee.
12o UTILITIES & SERVICE SYSTEMS
items a-q "No ImDact": The proposal will not require the
expansion of existing facilities or require the construction
of new facilities, such as natural gas, electric, water,
sewer, storm drainage, solid waste disposal or
communications. The proposed code amendment will only provide
regulations for sexually oriented businesses.
Sources: Project Description
Tustin Community Development Department
Mitiaation/Monitorinq Required: None required.
13~ AESTHETICS
Items a throuqh c - "Potentially' Significant Unless
Mitigation incorporated": The proposed code amendment will
not affect a scenic vista or-scenichighway, create light or
glare, or negatively affect aesthetics. However, the
implementation of the regulations may have an indirect effect
on aesthetics. Every new sexually oriented business in a
newly constructed building will be subject to the City's
Atn'achment A Evaluation of Environmental impacts
Sexually Oriented Business Ordinance
Page 9
design review process. Through this process, it 'is required
that the facilities be compatible with surrounding properties
to the greatest extent feasible.
Sources: Project Description
Tustin Community Development Department
Mitiqation/Monitorinq Required:
It shall be unlawful and a person shall be guilty of a
misdemeanor if he/she operates or causes to be operated
a sexually oriented business, and displays or otherwise
exhibits the materials and/or performances at such
sexually orienEed business in any advertising which is
visible outside the premises. This prohibition shall
not extend to advertising of the existence, name, or
location of such sexually oriented business.
The interior premises of a sexually oriented business
shall not be visible from outside the premises.
No live entertainment permit shall be issued until the
establishment is approved as being in full compliance
with all requirements of the City's Zoning Code
(includes design review).
CULTURAL RESOURCES
Items a throuah d "No imoact": The proposed code amendment
will not affect cultural resources as the permitted locations
for sexually oriented businesses are not in close proximity
to the City's cultural resources. However, individual
sexually. oriented businesses will be reviewed' for their
potential impacts on cultural resources.
Sources: Tustin Community Development Department
Mitiqation/Monitorinq Required: None Required.
15. RECREATION
Items a and b - "No Impact"- The proposed code amendment
will non affect parks, recreational facilities, or existing
recreational opportunities; it prohibits the establishment of
a sexually oriented business within 500 feet of any public
Attachment A - Evaluation of Environmental Impacts
Sexually Oriented Business Ordinance
Page 10
park and would not generate demand for additional park
facilities.
Sources: Project description
Tustin Community Development Department
Mitiqation/Monitorinq Required: None Required.
16.-MANDATORY FINDINGS OF SIGNIFICANCE
Items a throuqh d - "No impact": Based upon the information
'contained in this initial. Study, the project in and of itself
will not cause negative impacts to wildlife habitat nor
achieve any short-term environmental goals, nor have impacts
which are potentially individually limited but are
cumulatively considerable and could potentially have an
indirect adverse impact on human-beings. The project's scope
does not have the potential to achieve short-term
environmental goals to the disadvantage of long term
environmental goals in that the project is a proposal to
establish regulations for sexually oriented b~sinesses.
Sources: As stated above
· Mitiqation/Monitorin~ Required: As stated above.'
scr\adult :SOB ordinance initial study. doc
RESOLUTION CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF TUSTIN )
RESOLUTION NO. 98-86
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 is
five; that the above and foregoing resolution was passed and adopted at a regular meeting of
the City Council held on the 21st day of September, 1998, by the following vote:
COUNCILMEMBER AYES: Saltarelli, Worley, Doyle, Thomas
COUNCILMEMBER NOES: None
COUNCILMEMBER ABSTAINED None
COUNCILMEMBER ABSENT: Potts
Pamela Stoker, City Clerk