2002-02 Encinitas Ranch ORDINANCE NO. 2002-02
AN ORDINANCE OF THE CITY OF ENCINITAS, CALIFORNIA
AMENDING TITLE 30 OF THE ENCINITAS MUNICIPAL CODE
BY ADDING PROVISIONS ESTABLISHING CERTAIN DEFINITIONS AND
ESTABLISHING LOCATIONAL CRITERIA FOR ADULT BUSINESSES WITHIN THE
CITY OF ENCINITAS, AMENDING THE
ENCINITAS RANCH SPECIFIC PLAN AND AMENDING THE
LOCAL COASTAL PROGRAM
The City Council of the City of Encinitas does hereby ordain as follows:
SECTION 1. FINDINGS. The City Council of the City of Encinitas hereby finds, determines, and
declares that:
A. The City Council finds that it is necessary and appropriate to amend Title 30 of the
Encinitas Municipal Code by adding Section 30.26.010 to provide locational criteria for adult
businesses, to establish definitions relating to adult uses and to clarify the elimination of the use
permit for an adult facility as reflected in the zoning matrix of Section 30.09.
B. The public health, safety and welfare of the City of Encinitas and its residents require
the enactment of this Ordinance and locational standards for adult businesses in order to (1) mitigate
and reduce the judicially recognized potential adverse secondary effects of adult businesses,
including but not limited to crime, the prevention of blight in neighborhoods and the increased threat
of the spread of sexually transmitted diseases; and (2) protect the quality of life and neighborhoods
in the City, the City's retail and commercial trade, lochl property values, and minimize the potential
for nuisances related to the operation of adult businesses.
C. On January 10, 2002, the Planning Commission held a duly-noticed public hearing
during which it received input and testimony from the public concerning the subject of adult
businesses and the proposed Municipal Code revisions.
D. On Januau 23, 2002, the City Council held a duly-noticed public hearing during
which it received input and testimony from the public concerning the subject of regulation of adult
businesses and this proposed Ordinance.
E. The City Council, in adopting this Ordinance, takes legislative notice of the existence
and content of the following studies concerning the adverse secondary effects of adult businesses
in other cities: Garden Grove, California (1991); Tucson, Arizona (1990); Seattle, Washington,
Department of Construction and Land Use (1989); Austin, Texas, Office of Land Development
Services (1986); Oklahoma City, Oklahoma (1986); Indianapolis, Indiana, Department of
Metropolitan Development (1984); Houston, Texas, City Council Report (1983); Beaumont, Texas
(1982); Minnesota Crime Prevention Center, Inc., Minneapolis (1980); Phoenix, Arizona (1979);
Los Angeles, California, Department of City Planning (1977); Amarillo, Texas, Planning
Department (1977); Cleveland, Ohio (1977); Newport News, Virginia (1996); New York, New York
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(1994); Times Square, New York City (1994); and Whittier, California (1978). The City Council
finds that these studies are relevant to the problems addressed by the City in enacting this Ordinance
to regulate the adverse secondary effects of adult businesses and more specifically finds that these
studies provide convincing evidence that:
1. There is substantial evidence that an increase in crime tends to accompany,
concentrate around, and be aggravated by adult businesses, including but not limited to an increase
in the crimes of narcotics distribution and use, prostitution, pandering, and violence against persons
and property. The studies from other cities establish by convincing evidence that adult businesses
that are not regulated as to operating standards often have a deleterious effect on nearby businesses
and residential areas, causing, among other adverse secondary effects, an increase in crime and a
decrease in property values.
2. Regulations for adult businesses should be developed to prevent deterioration
and/or degradation of the vitality of the community before the problem exists, rather that waiting for
problems to occur.
F. In developing this Ordinance; the City Council is mindful of legal principles relating
to regulation of adult businesses, and the City Council does not intend to suppress or infringe upon
any expressive activities protected by the First Amendment of the United States and California
Constitutions but instead desires to enact reasonable time, place, and manner regulatious that address
the adverse secondary effects of adult businesses. The City Council has considered decisions of the
United States Supreme Court regarding local regulation of adult businesses, including but not limited
to: City of Erie v. Pap's A.M. ("Kandyland".), 529 U.S. 277, 120 S.Ct. 1382, 146 L.Ed.2d 265
(2000); Barnes v. Glen Theatre, Inc., 501 U.S. 560, 111 S.Ct. 2456, 115 L.Ed.2d 504 (1991);
FW/PBS, Inc. v. City of Dallas, 493 U.S. 215, 110 S.Ct. 596, 107 L.Ed.2d 603 (1990); City of Renton
v. Playtime Theatres, Inc., 475 U.S. 41, 106 S.Ct. 925, 89 L.Ed.2d 29 (1986); and Young v.
American Mini Theaters, Inc., 427 U.S. 50, 96 S.Ct. 2440, 49 L.Ed.2d 310 (1976); decisions of the
United Stated Court of Appeals for the Ninth Circuit, including but not limited to: Diamond v. City
of Tafi, 215 F.3d 1052 (9th Cir. 2000), cert. denied 531 U.S. 1072 (2001); Isbell v. City of San
Diego, 258 F.3d 1108 (gth Cir. 2001); Young v. City of Simi Valley, 216 F.3d 807 (gth Cir. 2000),
cert. denied 531 U.S. 1104 (2001); Lira v. City of Long Beach, 217 F.3d 1050 (9th Cir. 2000), cert.
denied 121 S.Ct. 1189 (2001); Alameda Books v. City of Los Angeles, 222 F.3d 719 (gth Cir. 2000),
cert. granted 121 S.Ct. 1223 (2001); Baby Tam & Co., Inc. v. City of Las Vegas ("Baby Tam I"),
154 F.3d 1097 (9th Cir. 1998); Baby Tam & Co, Inc. v. City of Las Vegas ("Baby Tam II"), 199 F.3d
1111 (9th Cir. 2000); Baby Tam & Co, Inc. v. City of Las Vegas ("Baby Tam III"), 247 F.3d 1003
(gth Cir. 2001); Topanga Press, Inc. v. City of Los Angeles, 989 F.2d 1524 (9th Cir. 1993), cert.
denied511 U.S. 1030 (1994); Kev, Inc. v. Kitsap County, 793 F.2d 1053 (gth Cir. 1986); Colacurcio
v. City of Kent, 163 F.3d 545 (9th Cir. 1998), cert. denied 529 U.S. 1053 (2000); several California
cases, including but not limited to: Tily B., Inc. v. City of Newport Beach, 69 Cal. App.4th 1
(1998); City of National City v. Wiener, 3 Cal.4th 832 (1993), cert. denied 510 U.S. 824; People v.
Superior Court (Lucero) 49 Cal.3d 14 (1989); and City of Vallejo v. Adult Books, 167 Cal.App.3d
1169 (1985), cert. denied475 U.S. 1064 (1986); and other federal cases, including but not limited
to: Hang On, Inc. v. City of Arlington, 65 F.3d 1248 (5th Cir. 1995); Mitchell v. Commission on
Adult Entertainment, 10 F.3d 123 Ord Cir. 1993); Lakeland Lounge v. City ofdacksonville, 973 F.2d
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1255 (5th Cir. 1992), cert. denied 507 U.S. 1030 (1993); InternationalEateries v. Broward County,
941 F.2d 1157 (1 lth Cir. 1991), cert. denied 503 U.S. 920 (1992); and Star Satellite, Inc. v. City of
Biloxi, 779 F.2d 1074 (5th Cir. 1986).
G. The City Council recognizes and relies on the findings set forth in the 1986 Attorney
General's Report on Pornography in support of this Ordinance. A copy of the Attorney General's
Report on Pornography is available for public review upon request and is on file with the City
Clerk's office.
H. In addition to the findings and studies conducted in other cities regarding increases
in crime rates, decreases in property values and the blighting of areas in which such businesses are
located, the City Council also takes legislative notice of the facts recited in Kev, Inc., v. Kitsap
County, 793 F.2d 1053 (9th Cir. 1986); Colacurcio v. City of Kent, 163 F.3d 545 (9th Cir. 1998);
and Tily B. v. City of Newport Beach (1999) 69 Cal. App.4th 1, regarding how live adult
entertainment facilities result in secondary effects such as prostitution, drug dealing, and other law
enforcement problems. See also BSA, Inc. v. King County, 804 F.2d 1104, 1110-11 (gth Cir. 1986);
DLS, Inc. v. City of Chattanooga, 894 F. Supp. 1140 (E.D. Tenn. 1995); Parker v. }F'hi{[ieM County,
463 S.E.2d 116 (Ga. 1995); and Hang On, Inc. v. City of Arlington, 65 F.3d 1248 (5th Cir. 1996).
I. The City Council further fmds the following, based in part upon its understanding of
the documents, including but not limited to the San Diego County Sheriff's Report of November 9,
1998, the declarations of police officers in other jurisdictions setting forth their experiences, and
judicial decisions in the public record that:
1. Evidence indicates that some dancers, models, entertainers, performers, and
other persons who publicly perform specified sexual activities or publicly display specified
anatomical areas in adult businesses (collectively referred to as "performers") have been found to
engage in sexual activities with patrons of adult businesses on the site of adult businesses.
2. Evidence has demonstrated that performers employed by adult businesses
have been found to offer and provide private shows to patrons who, for a price, are permitted to
observe and participate with the performers in live sex shows.
3. Evidence indicates that performers at adult businesses have been found to
engage in acts of prostitution with patrons of the establishment.
4. Evidence indicates that fully enclosed booths, individual viewing areas, and
other small rooms whose interiors cannot be seen from public areas of the establishment regularly
have been found to be used as locations for engaging in unlawful sexual activity.
5. The public health, safety, welfare, and morals of all persons in the City must
be protected by the establishment of standards to diminish the possibility of infection of contagious
diseases.
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6. As a result of the above and the increase in incidents of HIV, AIDS, and
hepatitis B, which are sexually transmitted or blood borne diseases, the City has a substantial interest
in reducing the possibility for the occurrence of prostitution and unlawful sex acts at adult businesses
in order to protect the health, safety, and well-being of its citizens. The City finds this is relevant
to the experience of Encinitas and the need to regulate the secondary effects of adult businesses
within the community.
J. The City Council is cognizant of the specific danger from the sexually transmitted
disease AIDS, which is currently irreversible and fatal. The City takes legislative notice of the AIDS
Surveillance Report dated July 31,2001 by the County of San Diego Health and Human Services
Agency, Division of AIDS and Community Epidemiology ("AIDS Surveillance Report") and the
report entitled San Diego County HIV/AIDS Status dated June 2000, also by the County of San
Diego Health and Human Services Agency ("AIDS Status Report"). According to the AIDS
Surveillance Report, 10,876 AIDS cases were reported throughout the County since 1981 through
July 2001, 150 of which were reported in 2001 and 420 of which were reported in 2000. As well
for this same time period, 6,209 deaths from AIDS were reported throughout the County. According
to the AIDS Status Report, San Diego County ranks third in the state among counties for the number
of AIDS cases, and ranks sixth in the state in total cases per 100,000 population.
I. The City is also concerned with preventing the spread of other sexually
transmitted diseases such as syphilis, gonorrhea and chlamydia and hepatitis B. The City takes
legislative notice of the STD Fact Sheet of 2000 by the County of San Diego Health and Human
Services Agency ("STD Fact Sheet") and the Sexually Transmitted Diseases Annual Summary, San
Diego County, 1993-1994, by the Sexually Transmitted Disease Control Program, dated December
1995 ("STD Annual Summary"). According to the STD Fact Sheet and STD Annual Summary,
1,109 cases of syphilis were reported throughout the County between 1990 and 2000, 27 of which
were reported in 2000. With respect to gonorrhea, 27,890 cases of gonorrhea were reported between
1990 and 2000, 1,797 of which were reported in 2000. The number of cases of chlamydia reported
within the County dramatically exceeds the number of reported cases of syphilis and gonorrhea:
74,079 cases were reported between 1990 and 2000, 8,637 of which were reported in 2000. It should
also be noted that according to the AIDS Status Report, numerous studies have shown that sexually
transmitted diseases such as syphilis, gonorrhea and chlamydia facilitate the transmission of HIV.
2. The City Council also takes notice of the County of Orange Communicable
Disease Summary 1998, County of Orange Health Care Agency, issued January 2000
("Communicable Disease Summary''). The Communicable Disease Summary states that 5,149 cases
of AIDS were reported in Orange County between 1982 and 1998. In 1998, 305 cases of AIDS were
reported in Orange County, an 8% increase over the 283 reported cases in 1997. As of Deeember
1998, an estimated 2,345 residents of Orange County were living with AIDS, over double the
number six years prior. As of January 2000, an estimated 6,700 Orange County residents were living
with HIV or AIDS. The Communicable Disease Summary further indicates that between 1994 and
1998, 211 cases of syphilis were reported, 3,094 cases of gonorrhea were reported, and 17,349 cases
of chlamydia were reported in the County. The City Council has a reasonable basis to believe that
the experience of Orange County is relevant to the experience of Encinitas.
K. The City Council recognizes the possible harmful effects on children and minors
exposed to the effects of adult businesses and recognizes the need to enact regulations which will
minimize and/or eliminate such exposure. The City Council takes legislative notice of the Penal
Code provisions authorizing local governments to regulate matter that is harmful to minors (i.e.,
Penal Code § 313 et seq.). The City Council further takes legislative notice of the cases that
recognize that protection of minors from sexually explicit materials is a compelling government
interest, including Crawford v. Lungren, 96 F.3d 380 (9th Cir. 1996), cert. denied 520 U.S. 1117
(1997) and Berry v. City of Santa Barbara, 40 Cal. App.4th 1075 (1995).
L. The City Council also finds the establishment of locational standards for adult
businesses is a legitimate and reasonable means of ensuring that the recognized adverse secondary
impacts of a proposed adult business are mitigated.
M. While the City Council desires to protect the rights conferred by the United States
Constitution to adult businesses, it does so in a manner that ensures the continued and orderly
operation and diminishes, to the greatest extent feasible, those undesirable adverse secondary effects
which the above mentioned studies have shown to be associated with the operation of adult
businesses.
N. Locational criteria is a legitimate and reasonable means of ensuring that adult
businesses are conducted in a manner so as to minimize their adverse secondary effects and thereby
protect the health, safety, and welfare of Encinitas residents, protect citizens from increased crime,
preserve the quality of life, preserve property values and the character of surrounding neighborhoods
and businesses, and deter the spread of urban blight. The locational requirements contained in this
Ordinance do not unreasonably restrict the establishment or operation of constitutionally protected
adult businesses in the City of Encinitas and a sufficient and reasonable number of alternative
locations for adult businesses are provided by this Ordinance. The City Council takes legislative
notice of the United States Supreme Court decision in Renton that requires the City provide adult
businesses a reasonable opportunity to open and operate. The City Council also takes legislative
notice of the Ninth Circuit's decisions in Topanga Press, Lira and Isbell with respect to availability
of sites for adult businesses and finds that under the distance and locational restrictions imposed by
this Ordinance, there are sufficient sites available for adult businesses within the City.
O. The City Council also finds that these locational standards do not preclude reasonable
alternative avenues of communication. The City Council takes note of the proliferation of adult
material on the Internet, satellite television, direct television, CDs, DVDs, and that these various
media provide altemative avenues of communication. The City Council also considers and relies
on published decisions examining the proliferation of communications on the Internet. Reno v.
American Civil Liberties Union, 521 U.S. 844, 117 S.Ct. 2329, 138 L.Ed.2d 874 (1997) [the
principle channel through which many Americans now transmit and receive sexually explicit
communication is the Intemet]; Anheuser-Busch v. Schmoke, 101 F.3d 325, 329 (4th Cir. 1996), cert.
denied 520 U.S. 1204 (1997) [the Fourth Circuit rejected a First Amendment challenge to a
Baltimore ordinance restricting alcohol advertisements on billboards acknowledging that the Intemet
is one available channel of co ~mrnunication]; U.S.v. Hockings, 129 F.3d 1069 (9th Cir. 1997); see
also US. v. Thomas, 74 F.3d 701 (6th Cir. 1996), cert. denied 519 U.S. 820 [recognizing the Intemet
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as a medium for transmission of sexually explicit material in the context of obscenity prosecutions].
The emergence of the Interact brings with it a virtually unlimited additional source of adult oriented
sexual materials available to interested persons in every community with a mere keystroke. An adult
business no longer has to be "actually" physically located in a city to be available in the community.
It is not the intent of the City Council of the City of Encinitas in enacting this
Ordinance or any provision thereof to condone or legitimize the distribution of obscene material, and
the City and its Council recognize that State law prohibits the distribution of obscene materials and
expect and encourage law enforcement officials to enforce State obscenity statutes against such
illegal activities in Encinitas.
Q. The City Council does not intend to regulate in any area preempted by Caiifomia law,
including but not limited to, regulation of obscene speech, nor is it the intent of the City Council to
preempt regulations of the State Alcoholic Beverage Control ("ABC").
R. 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 statute of the State of California regarding public nuisances, unlawful or indecent
exposure, sexual conduct, lewdness, obscene or harmful matter, or the exhibition or public display
thereof.
S. This Ordinance is further justified by the fact that without these locational regulations
the City will be prohibited from furthering its substantial governmental interest in protecting its
residents from the aforementioned deleterious secondary effects of adult use businesses.
T. The City Council finds that the occurrence of nudity in alcoholic beverage
establishments located in close proximity to residential areas, churches, schools, parks, and
playgrounds has a detrimental effect on such uses, and that the location of such establishments in
close pmximity to each other has a detrimental effect on the entire neighborhood. The Council takes
note of the recent data showing that in the Specific Plan North Highway I01 Corridor Specific Plan
the City has an oversaturation of alcohol facilities and that the calls for service within this general
area is disproportionately high as compared to similar commercial areas. Therefore, the City
Council finds that in order to preserve public peace and good order, the integrity of residential
neighborhoods, and other sensitive land uses, it is necessary and advisable to regulate alcoholic
beverage facilities permitting nudity.
U. The locational standards are necessary in order to protect the public health, safety and
welfare by reducing the adverse secondary effects associated with adult use businesses.
SECTION 2. REPEAL OF CERTAIN DEFINITIONS.
Section 30.04 entitled "Definitions" of the Encinitas Municipal Code is hereby amended by
repealing the following definitions:
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"Adult Arcade";
"Adult Bookstore";
"Adult Cabaret";
"Adult Drive In Theater";
"Adult Hotel or Motel";
"Adult Mini-Motion Picture Theater";
"Adult Model Studio";
"Adult Motion Picture Arcade";
"Adult Motion Picture Theater";
"Adult Sexual Encounter Establishment";
"Adult Theater";
"Child Day Care Facility";
"Specified Anatomical Areas";
"Specified Sexual Activities"; and
"Other Adult Entertainment Business."
SECTION 3. AMENDMENT OF CODE.
Title 30 is hereby amended by adding the following:
Section 30.04 Definitions.
In addition to any other definitions contained elsewhere in the Encinitas Municipal Code,
the following words and phrases shall, for the purpose of this Title, be defined as follows, unless it
is clearly apparent from the context that another meaning is intended. Should any of the definitions
be in conflict with the current provisions of the Municipal Code, these definitions shall prevail.
"Adult Arcade" shall mean a business establishment as defined in Chapter 6.10.
"Adult Retail Store" shall mean a business establishment as defined in Chapter 6.10.
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"Adult Booth/Individual Viewing Area" shall be defined as set forth in Chapter 6.10.
"Adult Business" shall be defined as set forth in Chapter 6.10.
"Adult Cabaret" shall mean a business establishment as defined in Chapter 6.10.
"Adult Hotel/Motel" shall mean a hotel or motel as defined in Chapter 6.10.
"Adult Live Entertainment" shall be defined as set forth in Chapter 6.10.
"Adult Modeling Studio" shall mean a business establishment as defined in Chapter
6.10.
"Adult Motion Picture Theater" shall mean a business establishment as defined in
Chapter 6.10.
"Adult Oriented Material" shall be defined as set forth in Chapter 6.10.
"Child Day Care Facility" shall mean any child day care facility as defined in
Section 1596.750 of the California Health and Safety Code other than family day
care homes.
"Park" shall mean any park, playground, swimming pool, golf course within the
City which is under the City's control, operation and management.
"Religious Institution" shall mean a structure or facility that is used primarily for
religious worship and related religious activities.
"Residential zone" shall mean any property within the City which carries a zoning
designation permitting the location of a residence, including the RRFP [Rural
Residential/Flood Plan]; RR [Rural Residential]; RR-1 [Rural Residential 1]; RR-2
[Rural Residential 2]; R-3 [Residential 3]; R- 5 [Residential 5]; R-8 [Residential
8]; RS-11 [Single Family Residential 11]; R11 [Residential 8.01-11.0 dwelling units
per acre ("du/ac")]; R-15 [Residential 15]; R-20 [Residential 20]; R-25 [Residential
25]; MHP [Mobile Home Park]; D-Rll [Residential 8.01-11.0 du/ac]; D-R15
[Residential 11.01-15.0 du/ac]; D-R25 [Residential 15.01-25.0 du/ac]; ER-SFR3
[Encinitas Ranch Specific Plan Residential 3.0 du/ac]; ER-SFR3V [Encinitas Ranch
Specific Plan Residential 3.0 du/ac variance]; ER-SFR5 [Encinitas Ranch Specific
Plan Residential 5.0 du/ac]; N-R3 [Residential 2.01-3 du/ac]; N-R8 [Residential
5.01-8 du/ac]; N-Rll [Residential 8.01-11 du/ac]; N-R15 [Residential 11.01-15
du/ac]; N-R20 [Residential 15.01-20 du/ac]; and N-R25 [Residential 20.01-25 du/ac].
However, residential zone does not include zones where a residence is permitted
pursuant to a conditional use permit or other special permit.
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"School" shall mean any institution of learning for minors, whether public or private,
offering instruction in those courses of study required by the California Education
Code and/or which is maintained pursuant to standards set by the Board of Education
of the State of California. This definition includes a nursery school, kindergarten,
elementary school, middle or junior high school, senior high school, or any special
institution of education under the jurisdiction of the California Department of
Education. For the purposes of this Section, "school" does not include a vocational
or professional institution of higher education, including a community or junior
college, college, or university.
"Sexually Oriented Merchandise" shall be defined as set forth in Chapter 6.10.
"Specified Anatornical Areas" shall be defined as set forth in Chapter 6.10.
"Specified SexualActivities" shall be defined as set forth in Chapter 6.10.
Section 30.26 Adult Businesses.
Section 30. 26. O10 Zoning and Locational Restriction - Distance From Sensitive Uses.
(a) In addition to the requirements of this Section, no adult businesses shall be
established or located in any area in the City other than the General Commemial zone (GC) and the
ER-C zone of the Encinitas Ranch Specific Plan.
(b) In those zoning district(s) where the adult businesses regulated by this Section would
otherwise be permitted uses, it shall be unlawful to establish any adult business if the location is
within seven hundred fifty (750) feet of any existing residential zone, park, religious institution,
school, or child day care facility. The distances set forth above shall be measured between the
nearest property line of the facility or tenant space housing the adult business or the proposed adult
business, and the nearest property line included within the residential zone, park, religious
institution, school or child day care facility, along a straight line extended between the two points.
(c) No building permit or zoning clearance, business tax receipt, adult business
regulatory permit, or other permit or entitlement for use shall be legally valid if issued to any adult
business proposed to operate or to be established in the City except if the zoning and locational
requirements set forth above are satisfied.
Section 30. 26. 020 Subsequent Location of Sensitive Uses.
An adult business or establishment operating as a conforming use with an approved adult
business regulatory permit from the City shall not be rendered a non-conforming use by the
subsequent location of residential zones, religious institution(s), school(s), day care facility, or
park(s) within the locational limitations of Section 30.26.010. For purposes of this Section, a use
shall be deemed to be subsequently located if it occurs following the date an application for an adult
business regulatory permit is filed pursuant to Chapter 6.10.
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Section 30.26.030 Regulations Non-Exclusive.
The provisions of this Section regulating adult businesses are not intended to be exclusive,
and compliance therewith shall not excuse non-compliance with any other regulations pertaining to
the operation of businesses as adopted by the City Council of the City of Encinitas.
Section 30.26. 040 Public Nuisance.
In addition to the penalties set forth in this Title, any adult business that is operating in
violation of these provisions regulating adult businesses is hereby declared to constitute a public
nuisance and, as such, may be abated or enjoined from further operation.
SECTION 4. AMENDMENT OF CODE- ZONING MATRIX.
The zoning uses shown on the matrix found at Section 30.09 are hereby amended as to the
adult business use designation under the General Commercial (GC) heading as follows: the "C"
(Conditional Use Permit Required Major) is deleted and replaced with a "P" (Permitted by Right).
And, a footnote is added thereto that this use must still meet the locational requirements of Title 30.
SECTION 5. AMENDMENT TO ENCINITAS RANCH SPECIFIC PIMN.
Section 6.8 Commercial Zone ("ER-C" Zone) of the Encinitas Ranch Specific Plan is hereby
amended as follows:
(a) Section 6.8.1B (Major Use Permit) is amended by deleting Adult Businesses
from this section.
(b) Section 6.8. lA (Permitted Uses) is amended by adding Adult Businesses as
a permitted use.
SECTION 6. SEVERABILITE
If any section, subsection, paragraph, sentence, clause, or phrase of this Title and the
Ordinance to which it is a part, or any part thereof is held for any reason to be unconstitutional,
invalid, or ineffective by any court of competent jurisdiction, the remaining sections, subsections,
paragraphs, sentences, clauses, and phrases shall not be affected thereby. The City Council hereby
declares that it would have adopted each and every section and the Ordinance to which it is a part
regardless of the fact that one or more sections, subsections, paragraphs, sentences, clauses, or
phrases may be determined to be unconstitutional, invalid, or ineffective.
SECTION 7. CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA '9 FINDING.
The adoption of the Zoning Code and Local Coastal Program Amendments is exempt from
environmental review pursuant to California Code of Regulations, Title 14, Chapter 3, Section
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15061(b)(3) since there is no possibility of a significant effect on the environment because the
amendments impose distance standards on adult businesses and establish definitions.
SECTION 8. LCP AMENDMENT
This Ordinance is intended to be carried out in a manner fully in conformance with the
California Coastal Act of 1976, and the Community Development Director is hereby authorized to
submit this Ordinance as a Local Coastal Program Amendment to the California Coastal
Commission for their review and adoption.
SECTION 9. EFFECTIVE DATE.
This Ordinance shall take effect on the date of the adoption by the California Coastal
Commission, but not sooner than thirty (30) days after its adoption by the City Council. The City
Clerk shall certify to the passage and adoption of this Ordinance and cause the same to be published
in the manner prescribed by law.
This ordinance was introduced on January 23, 2002.
PASSED AND ADOPTED this 13th day of Feb:ruary 2002, by the following
vote, to wit:
AYES: Bond, Guerin, Holz, Noulihan, Stocks.
NAYS: None.
ABSTAIN: None.
ABSENT: None. ~~ o
A TTES TA TION AND CER TIFICA TE:
I hereby certify that this is a true and correct copy of Ordinance No. 2002-02, which has been
published pursuant to law.
Deborah Cervone
City Clerk
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