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Home My WebLink AboutNS-1385RCS:ar 10/4/77 ORDINANCE NO. NS-1385 AN EMERGENCY ORDINANCE OF THE CITY OF SANTA AN~ EXTENDING ORDINANCE NO. NS-1370 FOR AN ADDITIONAL FOUR MONTHS AND PROHIBITING ADULT ACTIVITY USES FOR SUCH INTERIM PERIOD PENDING AMENDMENT OF THE ZONING PROVISIONS OF THE MUNICIPAL CODE WHEREAS, on June 6, 1977, the City Council of the City of Santa Aha enacted Ordinance No. NS-1370, an emergency ordinance prohibiting various adult activity uses for an interim period pending amendment of the zoning provisions of the municipal code, and WHEREAS, said ordinance is effective for four months thereafter, and WHEREAS, the City Council now finds that an exten- sion of said ordinance for an additional four months, for a total of eight months, is necessary in order to afford suf- ficient time to study and adopt zoning proposals presently being contemplated, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA AlgA DOES ORDAIN AS FOLLOWS: SECTION 1: Ordinance No. NS-1370 is hereby ex- tended for an additional period of four months. Any of the following uses not presently operating in the City of Santa Ana shall be prohibited during the effective period of this ordinance: Adult book stores; Adult cabaret; Adult motion picture facility; Figure modeling studios; Massage establishments. No permit or certificate of occupancy shall be issued by the City during the effective period of this ordin- ance which allows or is in aid of or necessary to the conduct of any such use. Any change in location of operation or increase in size of the location shall be considered a new operation or commencement of any of the above uses. Nothing herein shall be construed to prohibit transfer of ownership or any interest therein of any such existing use. SECTION 2: As utilized in this Ordinance, the following words and phrases shall be and hereby are defined as follows: "Adult Book Store" shall mean an establishment having as a substantial or significant portion of its stock in trade, books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activ- ities or specified anatomical areas, or an establishment with a segment or section devoted primarily to the sale or display of such material. ORDINANCE NO. NS-1385 PAGE TWO "Adult Cabaret" is a cabaret which features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers. "Adult Motion Picture Fa:cilit~" shall mean an en- closed building used for presenting, whether by way of mo- tion picture projection or television or video equipment, or peep show device, material distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas for observation by patrons therein, whether in one or more auditoriums, booths or rooms within such enclosed building. "Figure Modeling Studio" means any premises where there is conducted the business of furnishing, providing or procuring figure models who pose for the purpose of being observed, conversed with, or viewed by any person or of being sketched, painted, drawn, sculptured, photographed, or other- wise similarly depicted in the nude or seminude for persons who pay a fee, or other consideration, compensation, or gra- tuity, for the right or opportunity to converse with or so depict a figure model, or for admission to, or for permis- sion to remain upon or as a condition of remaining upon the premises. "Massage Es~tablishment'' means any establishment having a fixed place of business where any individual, firm, association, partnership, corporation, or combination of individuals, engages in, conducts, carries on or permits to be engaged in, conducted or carried on, massages, baths, or health treatments involving massage or baths as the prin- cipal functions. "Specified Sexual~ Activities" includes human gen- itals in a state of sexual stimulation or arousal, acts of human masturbation, sexual intercourse or sodomy, and/or fondling or other erotic touching of human genitals, pubic region, buttock or female breast. "Specified Anatomical Areas" includes less than completely and opaquely covered human genitals, pubic region, buttock, female breast below a point immediately above the top of the areola or human male genitals in a discernably turgid state, even if completely and opaquely covered. SECTION 3: This ordinance shall be effective for a period of an additional four months after the expiration of NS-1370, a total of eight months commencing June 6, 1977, unless extended, repealed or modified by ordinance adopted by this Council. SECTION 4: The Planning Department and the Plan- ning CommiSsion are directed to study and prepare a zoning proposal whereby the city may control the location of the above described uses by permanent provision in the zoning code and to submit such proposal to this Council for its review and consideration. ORDINANCE NO. NS-1585 PAGE THREE SECTION 5: This Council finds that this ordinance is urgently required as an emergency ordinance for the im- mediate preservation of the public peace, health, and safety for the following reasons: (a) The uncontrolled location of the uses herein- above specified in those areas of the City where such uses are now permitted may attract an undesirable quantity and quality of transients to such areas, adversely affect property values therein, cause an increase in crime therein, especially prostitution, and encourage residents and businesses located therein to move elsewhere. (b) Amendment of the zoning provisions of the Municipal Code is required to regulate the location of such uses in order to avoid or mitigate such adverse effects. (c) Unless prohibited during the period of review and study preliminary to enactment of such ordinance, such specified uses are likely to be initiated which may be in conflict with such ordinance as finally enacted. Therefore, the City Council declares that this ordinance shall take effect as, and is adopted as, an emergency measure and is to be enforced from the date of its publication. ADOPTED this 3rd 1977, by the following vote: day of October , AYES: NOES: ABSENT: ATTEST: COUNCILMEN: Bricken, Garthe, 0rtiz, Evans, Brandt, Ward COUNCILMEN: Yamamoto MAYOR CLERK OF THE COUNCIL APPROVED AS TO FORM: CITY ATTORNEY