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HomeMy WebLinkAbout1999 09-14 CC AGENDA PKTG AGENDA OF A REGULAR MEETING NATIONAL CITY CITY COUNCIL COUNCIL CHAMBERS 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY, SEPTEMBER 14, 1999 - 6:00 P.M. OPEN TO THE PUBLIC PLEASE COMPLETE A REQUEST TO SPEAK FORM PRIOR TO THE COMMENCEMENT OF THE MEETING AND SUBMIT IT TO THE CITY CLERK IT IS THE INTENTION OF YOUR CITY COUNCIL TO BE RECEPTIVE TO YOUR CONCERNS IN THIS COMMUNITY. YOUR PARTICIPATION IN LOCAL GOVERNMENT WILL ASSURE A RESPONSIBLE AND EFFICIENT CITY OF NATIONAL CITY. WE INVITE YOU TO BRING TO THE ATTENTION OF THE CITY MANAGER ANY MATTER THAT YOU DESIRE THE CITY COUNCIL TO CONSIDER. WE THANK YOU FOR YOUR PRESENCE AND WISH YOU TO KNOW THAT WE APPRECIATE YOUR INVOLVEMENT. ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG BY THE CITY MANAGER, TOM G. MCCABE INVOCATION APPROVAL OF THE MINUTES OF THE REGULAR MEETINGS OF AUGUST 24, 1999 AND SEPTEMBER 7, 1999. COUNCIL AGENDA 9/14/99 Page 2 INTERVIEWS/APPOINTMENTS Street Tree & Parkway Committee - Appointment City Boards & Commissions - Interview PUBLIC HEARINGS 1. Public Hearing - A proposal to change the name of "Bay Marina Way" to "Bay Marina Drive." (Building & Safety) *Refer to Item #3 2. Public Hearing - An Ordinance of the City Council of the City of National City amending Chapters 15.36, 18.04 and 18.69 of the National City Municipal Code relating to peep show establishments, cabarets and adult oriented businesses. (City Attorney) *Refer to Item #5 NON CONSENT RESOLUTIONS 3. Resolution No. 99-136 Resolution of the City Council of the City of National City changing the name of 24th Street between Interstate 5 and the bay to "Bay Marina Drive. (Building & Safety) *Refer to Item #1 4. Resolution No. 99-137 Resolution of the City Council of the City of National City approving the use of approximately $2.3 million in Transportation Development Act funds for the purchase of 16 new diesel low floor buses by the Metropolitan Development Transit Board. (National City Transit) COUNCIL AGENDA 9/14/99 Page 3 ORDINANCE FOR INTRODUCTION 5. An Ordinance of the City Council of the City of National City amending Chapters 15.36, 18.04 and 18.69 of the National City Municipal Code relating to peep show establishments, cabarets and adult oriented businesses. (City Attorney) *Refer to Item #2 NEW BUSINESS 6. WARRANT REGISTER #10 (Finance) Ratification of Demands in the amount of $356,464.57. 7. Use of the Community Building by the National School District on November 1, 1999 and waiver of fees. (Public Works) 8. Temporary Use Permit - Appliance Parts Center, Inc. parking lot tent sale. (Building & Safety) -* CITY MANAGER — > CITY ATTORNEY -* OTHER STAFF - MAYOR - CITY COUNCIL COUNCIL AGENDA 9/14/99 Page 4 NEW BUSINESS (Cont.) PUBLIC ORAL COMMUNICATIONS (Five -Minute Time Limit) NOTE: Pursuant to State Law, items requiring Council action must be brought back on a subsequent Council agenda unless they are of a demonstrated emergency or urgent nature. ADJOURNMENT Next Regular City Council Meeting - September 21, 1999 at 3:00 p.m. - Council Chambers, Civic Center. TAPE RECORDINGS OF EACH CITY COUNCIL MEETING ARE AVAILABLE FOR SALE AND TO LISTEN TO IN THE CITY CLERK'S OFFICE Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 George H. Waters Mayor AUGUST 24, 1999 TO: COUNCILMEMBERS FROM: MAYOR WATERS SUBJECT: STREET TREE & PARKWAY COMMITTEE There are currently two vacancies on the Street Tree & Parkway Committee. Ms. Alejandra Sotelo has been interviewed by the City Council and has expressed a desire to serve on the above -subject Committee. If there are no objections, I recommend we appoint Ms. Sotelo to serve a full term on the Street Tree & Parkway Committee which ends on April 30, 2003. This item will be placed on the Council Agenda for the meeting of September 14, 1999. GEORGE H. WATERS MAYOR GHW:nu ® Recycled Paper Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 George H. Waters - Mayor September 7, 1999 Ms. Mable "Louise" Attaway 2115 E. 5th Street National City, CA 91950 Dear Ms. Attaway: This letter is to notify you that in order to be considered for appointment to one of our City's Boards and Commissions, you are required by City policy to appear before the City Council for an interview. You are, therefore, requested to appear for consideration for appointment at our Council meeting on Tuesday, September 14, 1999 at 6:00 p.m. in the Council Chambers. If you are unable to attend, please contact my office immediately. Your prompt attention to this matter is greatly appreciated. Sincerely, GEOR E H. WATERS MAYOR GHW:nu ® Recycled Paper CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMISSIONS PURPOSE AND INTENT: It is the purpose and intent of this form to provide the City Council with as much background information as possible on those persons willing to serve on any of the Boards and Commissions of the City of National City. Please note: This application will be kept on file and under consideration for one (1) year from the date it is submitted. PLEASE CHECK THE BOARD OR COMMISSION FOR WHICH YOU ARE APPLYING (You May Apply for More than One) Building Advisory & Appeals Board Civil Service Commission Senior Citizens Advisory Board Parks & Recreation Advisory Board )e Serra Library Systems Board Street Tree & Parkway Committee Project Area Committee Student Commissioner Planning Commission Port Commission Traffic Safety Committee Library Board of Trustees Sweetwater Authority San Diego County Water Authority Housing & Community Development Committee Name: /T rf'-a- (Last) Home Address: Telephone: Residence ! / g" 9 /2 NUMBER OF YEARS YOU HAVE LIVED IN: CALIFORNIA?"SAN DIEGO COUNTY?-43" 7_,�= NATIONAL CITY?M ,✓. x 2 2 mow. F: 4- h / L-913 viScm . Birth Date / 2__ (First) (Optional) ARE YOU A REGISTERED VOTER: YES X 7:- fi e`;7--): ) BusinessNVork ( ^- ) NO .Siv.±o-rv..2'.'*.^:.-.Sx-ro'.,.va.-,nla.'arM.-.y1:k .x)¢-x..,. 5.4v<5.}�:J�Y%;,:'%v. 4:..-.`'tvf%^v}J:.:t::Ch)vF!-:!vvni�A�k..x..A-wv: WAfiigreANWPwe Colleges attended and degrees held, if any; Related Profe ional or Ci Ex iencg PLEASE 1 ICATE REGARDING Y COMMISSIONS: DATE: BELO ANY FURTHER INFORMATION THAT WILL BE OF 4ALUE S i VICE ON THE ABOVE NAMED BOARDS, COMM!/ EES OR YOUR SIGNATURE RETURN COMPLETED FORM TO: THE CITY COUNCIL OF NATIONAL CITY 43 NATIONAL CITY BOULEVARD, NATIONAL CITY, CA 91950 to J L � / /claCr -?17- 4): 97 67 1 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 14, 1999 *Refer to Item #3 AGENDA ITEM NO. 1 ITEM TITLE PUBLIC HEARING — A PROPOSAL TO CHANGE THE NAME OF "BAY MARINA WAY" TO "BAY MARINA DRIVE." PREPARED BY Kathleen Trees, Acting Director DEPARTMENT Building and Safety EXPLANATION On September 15, 1998 the City Council passed a resolution changing the name of 24th Street between Interstate 5 and Terminal Ave. to Bay Marina Way. This change becomes effective on July 10, 2000, the date the area code for National City changes. At the May 18, 1999 Community Development Commission meeting the CDC voted to change the name of Bay Marina Way to Bay Marina Drive. Per the City's Administrative Procedures (Attachment A), at the August 24, 1999 City Council meeting, the Council directed that a public hearing be scheduled to receive public comment on the change. Attachment B is a copy of the Notice of Public Hearing which was mailed to all owners of property abutting 24th Street between Interstate 5 and Terminal Way. In addition, a copy of the Notice of Public Hearing was posted on each side of the street between Interstate 5 and Terminal Way at 1/4-mile intervals and delivered to all tenants affected by the change. Attachment C is a list of all the affected property owners, which received a copy of the Notice of Public Hearing. Attachment D is a map of the affected parcels. Environmental Review X N/A Financial Statement This change will not add additional costs. Account No. STAFF RECOMMENDATION Conduct the Public Hearing BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) Notice of Public Hearing (Attachment A) Street Name Change Administrative Procedures (Attachment B) List of affected property owners (Attachment C) Map of the affected parcels (Attachment D) Resolution No. A-200 (9/80) City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Della - City Clerk (619) 336-4226 Fax (619) 336-4376 NOTICE OF PUBLIC HEARING CHANGE THE NAME OF BAY MARINA WAY TO BAY MARINA DRIVE NOTICE IS HEREBY GIVEN that the City Council of the City of National City will hold a Public Hearing after the hour of 6:00 p.m. on September 14, 1999, in the City Council Chambers on the second floor of the Civic Center located at 1243 National City Boulevard, National City, CA to consider the following: A PROPOSAL TO CHANGE THE NAME OF BAY MARINA WAY TO BAY MARINA DRIVE Any person interested in this matter may appear at the above time and place and be heard. Written comments regarding this matter may be sent to the City Clerk of National City, 1243 National City Boulevard, National City, CA 91950. If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the undersigned or to the City Council at, or prior to, the public hearing. --/Zeii,d° MICHAEL R. DALLA City Clerk of the City of National City DATED: September 1, 1999 ATTACHMENT A ® Recycled Paper City of National City Building and Safety Department 1243 National City Blvd., National City, CA 91950-4397 (619) 336-4210 Fax (619) 336-4376 DATE: June 4, 1998 TO: Mayor and City Council FROM: Michael Bouse, Building & Safety Director/ SUBJECT: Street Name Change Administrative Procedures The following are the administrative procedures for changing the name of a street: Step 1: City Council sets a date and time for a public hearing on the proposal, with sufficientlead time to allow the completion of Steps 2 and 3 (typically 20 to 30 days in advance). Step 2: Building.& Safety sends a Notice of Public Hearing to all owners and tenants along the affected street at least 10 days before date of hearing. Step 3: Public Works posts a copy of the Notice of Public Hearing on each side of the street at'/a mile intervals, but not less than 3 notices on each side. Step 4: City Council conducts public hearing and, if desired, adopts a resolution with a recommended 60-day lead effective date. Step 5: City Clerk sends a copy of the resolution to the Board of Supervisors, County Surveyor, County Clerk, and County Assessor. Step 6: Building & Safety sends a copy of resolution to all owners, tenants and agencies that normally receive a "change of address" notification (i.e. Sweetwater Authority, SDG&E, NCPD, NCFD, U.S. Postal Service, MLAC Manager (in charge of 911 calls), City Planning, Building & Safety, and Engineering Departments.) Step 7: New street name signs are installed by the appropriate agencies. Attached is a list of owners of property adjacent to 24th Street that would receive notice of the proposed street name change pursuant to Step 2 above. ATTACHMENT B BAY MARINA WAY NAME CHANGE PROPERTY OWNER NOTIFICATION ROSTER 559-117-07 National City Community Development Commission 835 W. 24th St., National City, NC 91950 559-117-09 Burton D & Carol A Beaty Revocable Trust 5510 Trinity Way, S.D., 92120 559-117-10 San Diego & Arizona Eastern Railway Co. C/o San Diego Metropolitan Transit Development Board 1255 Imperial Ave., Suite 1000, San Diego, CA 92101 559-117-14 Cleveland Associates 2501 National City Blvd., National City, CA 91950 559-117-15 Cleveland Associates (same as above) 559-117-16 City of National City 1243 National City Blvd., National City, CA 91950 559-117-17 San Diego & Arizona Eastern Railway Co. (Same as previous) 559-118-02 Ace Metal Recycling Co., Inc. 720 W. 23`d St., National City, CA 91950 559-160-13 WDP National City Associates 1 Madison Ave., New York, NY 10010 559-160-14 Burlington Northern Santa Fe Railway Co. P.O. Box 961057, Fort Worth, TX 76161 559-160-15 United States of America C/o Carlsbad Fish & Wildlife Office 2730 Loker Ave. West, Carlsbad, CA 92008 559-160-21 559-190-24 559-190-25 Cleveland Associates (Same as previous) Southern Pacific Transportation Co. P.O. Box 2500, Broomfield, CO 80038 Southern Pacific Transportation Co. (Same as previous) ATTACHMENT C 559-190-29 760-045-39 760-045-43 760-044-16 760-044-46 BAY MARINA WAY NAME CHANGE PROPERTY OWNER NOTIFICATION ROSTER San Diego & Arizona Eastern Railway Co. (Same as previous) Dixieline Lumber Co. 3250 Sports Arena Blvd., San Diego, CA 92110 The Pasha Group 5725 Paradise Dr., #600, Corte Madera, CA 92110 Pepper Oil Company 2300 Tidelands Ave., National City, CA 91950 Knight & Carver Custom Yachts, Inc. 1313 W. 24th St., National City, CA 91950 -2- 19th STREET 19th STREET 20th STREET MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT September 14, 1999 *Refer to Item #5 AGENDA ITEM NO. 2 (-ITEM TITLE PUBLIC HEARING - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY \ AMENDING CHAPTERS 15.36, 18.04 AND 18.69 OF THE NATIONAL CITY MUNICIPAL CODE RELATING TO PEEP SHOW ESTABLISHMENTS, CABARETS AND ADULT ORIENTED BUSINESSES PREPARED BY Rudolf Hradecky DEPARTMENT EXPLANATION City Attorney Please see attached Staff Report. This proposed ordinance has been approved and coordinated with the Police and Planning Departments. Environmental Review N/A Financial Statement N/A Account No. STAFF RECOMMENDATION Conduct public hearing. An accompanying agenda item addresses adoption of the ordinance. BOARD / COMMISSION RECOMMENDATION Proposed Ordinance approved by Planning Commission on June 21, 1999. ATTACHMENTS ( Listed Below ) Staff report Proposed Ordinance A-200 (9/80) Resolution No. STAFF REPORT AN ORDINANCE OF '1'HE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CHAPTERS 15.36, 18.04 AND 18.69 OF THE NATIONAL CITY MUNICIPAL CODE RELATING TO THE DEFINITIONS OF PEEPSHOW ESTABLISHMENTS, CABARETS AND ADULT ORIENTED BUSINESSES This proposed ordinance will amend, clarify and further tighten up definitions pertaining to adult oriented businesses in Title 15, Chapter 15.36 and Title 18, Chapter 18.69, as they may affect National City. At present, there are no adult oriented businesses operating in National City. This proposed ordinance "fine-tunes" the existing provisions of law, and adds some new definitions to cover the latest generation of adult oriented businesses that are being proposed for operation in other jurisdictions. The ordinance does the following: • Tightens up definitions on "peep shows" and clarifies structural requirements for the establishment within Chapter 15.36; • Substitutes "adult oriented businesses" for the term "adult entertainment business"; • Adds definitions and regulations covering "lingerie modeling establishments"; • Defines the term "consideration" as it may apply within the context and practice of adult oriented businesses; • Adds a requirement that the exterior windows of adult oriented businesses be opaquely covered; • Adds a constitutional severability clause to Chapter 18.69. National City's Adult Entertainment Ordinance (NCMC Chapter 18.69) The U.S. and California Constitutions generally require that at least some portion of land in a city remain available for business activities protected by the First Amendment. Federal and state courts have interpreted "free speech" to include some activities commonly described as "adult entertainment," because of the "expressive" nature of such activities. National City's adult oriented business land use regulations (NCMC Chapter 18.69) have been narrowly tailored to provide for proper regulation of such business for "important or substantial" governmental interests. Any business that proposes the display of the human body in a nude or "semi-nude" state potentially falls under these adult oriented business regulations. The regulations place certain "time, place, and manner" restrictions on such businesses, protecting the public interest in health, safety and welfare. Chief among them is the provision that any adult oriented business be located in areas that are separated from schools, churches, residential areas and parks by distances ranging from 1,000 feet to 1,500 feet. However, exempt from this distance separation would be a location within an enclosed mall, or a mall screened from view. 1 Staff Report Adult Oriented Businesses In addition to land use regulations, the Municipal Code also regulates the operations of several types of adult oriented businesses. These additional regulations are selective, and pertain only to adult cabarets, massage establishments, and escort services. Thus, the only regulation affecting other adult oriented businesses such as adult bookstores, adult motion picture theaters, and adult hotels is the land use requirement separating such businesses from sensitive uses. - The City's ordinances do not currently contain a definition or regulation of lingerie modeling, or nude lingerie modeling in conjunction with retail sales of clothing. It is proposed therefore to add such definitions in advance of any entry into National City. However, to interpret the possible effects of such a business on the public health, safety, and welfare, the City may rely on its own experience with other adult oriented businesses, and on the experience of other cities with adult oriented businesses, and with lingerie modeling studios specifically. If a state of nudity or semi -nudity is involved in a proposed business, the effect on public health, safety, and welfare is easily documented. For example, over 25 years ago the U.S. Supreme Court described the harmful effects associated with nude dancing in a case called California v. La Rue (1972). Relying on the trial court's transcript, Justice William Rehnquist explained that "prostitution occurred in and around such premises, and involved some of the female dancers." Other negative effects included "indecent exposure to young girls, attempted rape, rape, and assaults on police officers." Customers of the establishment engaged in sexual acts and simulated sexual acts, and numerous other forms of contact with employees. Similarly, in Renton v. Playtime Theatres (1986), the U.S. Supreme Court determined that the City of Renton's ordinance properly targeted such "negative secondary effects," and that the effect that nude dancing establishments had in increasing various types of crime justified severe regulation of such establishments. In Barnes v. Glen Theatres (1991), the U.S. Supreme Court upheld an Indiana anti -nudity statute that was used to prohibit nude dancing. The court described numerous negative secondary effects of adult oriented businesses in its opinion, including prostitution, increased sexual assaults, and other criminal activity. Over the past 20 years, studies performed in various cities throughout the nation yielded statistical evidence that adult nude entertainment establishments increase reported incidents of prostitution, rape, commercial exploitation of sex acts, face-to-face street robberies, illegal gambling, drug use and drug dealing, neighborhood blighting, and decreased property values. According to the Court's opinion in Renton, cities are entitled to rely on the experiences of other cities in enacting adult oriented business ordinances. The First Amendment does not require a city to conduct new studies or to produce independent evidence of secondary effects. The names (and dates) of cities which have undertaken studies on the secondary effects of adult businesses include: Garden Grove, California (1991); Whittier, California (1978); Indianapolis, Indiana (1984); Minneapolis, Minnesota (1980); Oklahoma City, Oklahoma (1986); and Seattle, Washington (1989). In the last five years Atlanta, Georgia conducted 2 Staff Report Adult Oriented Businesses studies which dealt specifically with "lingerie modeling studios." Similar statistical increases in crime and violent crime resulted from the establishment of such lingerie modeling businesses in Atlanta. Following the Atlanta studies, numerous cities have incorporated the term "lingerie modeling" into their existing adult oriented businesses. Among these are the cities of San Buenaventura, California; Mission Viejo, California; Costa Mesa, California; and Atlanta, Georgia. Therefore, the proposed business of "lingerie modeling" is likely to include nude modeling, and will possibly include strip teases in a one-on-one setting between employee and customer. Based on the experience of the other cities described above, and our own experiences, nude modeling, lingerie modeling, and strip tease is likely to have significant negative secondary effects on the public health, safety and welfare. The City may therefore adopt appropriate land use regulations, as proposed in the attached ordinance. It is therefore recommended that the Council approve the proposed ordinance which adds businesses described as lingerie modeling and similar other activities in conjunction with "adult oriented" activity to Title 18, and adopt the clarifications and additional restrictions proposed for peep shows in Chapter 15.36. 3 Staff Report Adult Oriented Businesses ORDINANCE NO. 99- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CHAPTERS 15.36, 18.04 AND 18.69 OF THE NATIONAL CITY MUNICIPAL CODE RELATING TO PEEP SHOW ESTABLISHMENTS, CABARETS AND ADULT ORIENTED BUSINESSES BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. That Chapter 15.36 of the National City Municipal Code is amended by adding Section 15.36.005 and amending Sections 15.36.010, 15.36.020, 15.36.030, 15.36.040, 15.36.050 and 15.36.070 to read as follows: 15.36.005 Definitions. A. "Peep show establishment" means any place in which a peep show device is installed, maintained or operated. It includes an adult motion picture arcade defined in Section 18.69.020F. B. "Peep show device" means an aperture or device by or through which electronic, video, photographic, cinematic, digital, or computer generated images are or can be reflected or projected onto an external screen or be internally projected, generated or reflected onto a screen that is an integral part of the device itself. 15.36.010 Wall --partition construction. No person shall operate a peep show establishment unless any wall or partition which is situated so as to create a room, enclosure or booth in which any peep show device is located is constructed of not less than one hour fire resistive material. Any wall of a room, enclosure or booth which adjoins another room, enclosure or booth containing a peep show device shall be solid and uninterrupted by any hole or aperture, other than a lawfully conforming exit or other lawful means of ingress and egress. 15.36.020 Aisle --minimum width. No person shall operate a peep show establishment in which the width of the aisles in any room, enclosure or booth where a peep show device is located is less than forty-two inches. 15.36.030 Doorways --requirements. No person shall operate a peep show establishment unless there are no fewer than two doorways of a width no less than thirty-six inches which provide ingress or egress from any room, enclosure or booth in which a peep show device is located; provided, however, that one doorway shall be sufficient should the fire chief so determine, based on fire safety considerations. Doorway or doorways shall be opened and unlocked during business hours. 15.36.040 Lighted exit signs. No person shall operate a peep show establishment unless there is placed over every doorway that provides egress from any room, enclosure or booth in which a peep show device is located an internally illuminated exit sign with letters at least five inches in height. 1999 Ordinance Adult Oriented Businesses 15.36.050 Patron --view of doorway. No person shall operate a peep show establishment unless each peep show device located in such establishment is situated so as to permit a patron to have a constantly unobstructed view of the interior of the room containing the peep show device. The interior of the room, enclosure or booth containing a peep show device shall be visible at all times. No curtain, door or opaque cover shall block the view of an operator into the interior of the room, enclosure or booth containing the peep show device. 15.36.070 Maximum occupancy load. No person shall operate a peep show establishment in which the number of persons in any room or partitioned portion of a room, enclosure or booth where a peep show device is located exceeds one person per thirty square feet. The maximum occupancy load permitted in any room or partitioned portion of a room in which a peep show device is located shall be conspicuously posted by the operator, and shall remain posted, at the entrance to said room. Section 2. That the title of Chapter 18.69 of the National City Municipal Code be amended to read as "Adult Oriented Businesses". Section 3. That Sections 18.04.113 and 18.04.501 of the National City Municipal Code be amended to read as follows: 18.04.113 Cabaret. "Cabaret" means a cafe, restaurant, bar or any other public establishment that serves food or alcoholic or non-alcoholic beverages, or both, where entertainment is regularly provided by paid or unpaid performers or musicians, or dancing is regularly allowed to the accompaniment of recorded or live music or rhythmic sound. See also Section 18.69.020H. 18.04.501 Definitions. A. "Peep show establishment" means any place in which a peep show device is operated. See also Chapter 15.36. B. "Peep show device" means an aperture through which may be viewed images that are exhibited by means of the projection or internal electronic reflection of motion picture film, or slides, or both. See also adult motion picture arcades defined in Section 18.36.020F and adult mini -motion picture theater in Section 18.69.020E. Section 4. That Section 18.69.010 of the National City Municipal Code be amended to read as follows: 18.69.010 Purpose and intent. A. It is the purpose of this Chapter to establish reasonable and uniform content -neutral regulations to decrease blight and crime by either dispersing adult oriented businesses, or by shifting part of the burden of regulating such businesses to the private sector by placing them in locations which minimize the negative secondary effects of such businesses. B. It is the intent of this chapter that these regulations be utilized to serve the substantial interest of the City in preventing problems of blight and deterioration which accompany and are brought about by adult oriented businesses, while allowing reasonable alternative locations for those businesses. 1999 Ordinance 2 Adult Oriented Businesses C. In enacting this Chapter, the City Council is relying upon the experiences of the City of National City and upon the experiences and studies of other municipalities concerning the deleterious effects of adult oriented businesses, which this Chapter is intended to curtail. Section 5. That Section 18.69.020 of the National City Municipal Code be amended to read as follows: (A through E--no change). F. "Adult motion picture arcade," to include without limitation a peep show, is any place to which the public is permitted or invited wherein coin or slug -operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image - producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas. The image producing device or peep show device shall also include any other device by or through which electronic, video, photographic, cinematic, digital, or computer generated images depicting specified anatomical areas or specified sexual activity defined by Section 18.69.020 are or can be reflected or projected onto an external screen or be internally projected, generated or reflected onto a screen that is an integral part of the device itself. (G--no change) H. "Adult cabaret" is a night club, bar, restaurant, cabaret or similar establishment which may serve food or alcoholic or non-alcoholic beverage, or both, and which, for consideration, regularly features live performances or films, motion pictures, video cassettes, slides or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or the exposure of specified anatomical areas for observation by patrons or attendees. (I through J--no change). K. "Adult model studio" is any establishment open to the public where, for any form of consideration, one or more persons display or expose any portion of specified anatomical areas to be observed, sketched, drawn, painted, sculptured, photographed, videoed or be similarly viewed or depicted by any person, other than the proprietor, who pays a consideration to either the proprietor, an employee of the proprietor or the model. This definition shall also include, without limitation, a "lingerie modeling establishment." This definition shall not apply to any school of art which is operated by an individual, firm, association, partnership, corporation or institution which meets the requirements established in the Education Code of the state of California for the issuance or conferring of, and is in fact authorized thereunder to issue and confer a diploma. (L through R - No change). S. "Establishing an adult oriented business," as used in this chapter, means and includes any of the following: 1. The opening or commencement of any such business as a new business; 2. The conversion of an existing business, whether or not an adult oriented business, to any of the adult oriented businesses defined in this chapter; or 3. The addition of any of the adult oriented businesses defined herein to any other existing adult oriented business; or 1999 Ordinance 3 Adult Oriented Businesses 4. The relocation of any such business. T. "Transfer of ownership or control," as used in the chapter, means and includes any of the following: 1. The sale, lease or sublease of an adult oriented business; 2. The transfer of securities which constitute a controlling interest in such business, whether by sale, exchange or similar means; or 3. The establishment of a trust, gift or other similar legal device which transfers the ownership or control of such business, except for transfer by bequest or other operation of law upon the death of the person possessing such ownership or control. U. "Sale and display of paraphernalia and literature commonly associated with the use of narcotics and controlled substances (headshops)" is an establishment or place where more than fifteen percent of the floor area in any room is used for the sale and display of such paraphernalia and literature, including but not limited to cocaine and sniffing kits, glass mirrors for cutting cocaine, snorting spoons and tubes, strainers to sift cocaine, water pipes (bongs), everyday items with special removable tops that have been converted to conceal narcotics and drugs, including simulated beer cans, oil cans and plastic photographic film vials, "roach clips" (for holding marijuana cigarettes), or books and magazines extolling the use of narcotics or controlled substances. Such a place is an adult oriented business. This definition does not limit licensed pharmacies in selling and displaying paraphernalia that is medical equipment prescribed by licensed medical practitioners. Section 6. That Subsections Y, Z, and AA be added to Section 18.69.020 of the National City Municipal Code to read as follows: Y. "Sexually -oriented business" is any business in which: (1) Specified sexual activity occurs or specified anatomical areas are exposed, or both, by a patron, attendee, employee or independent contractor for any form of consideration paid or furnished to the owner, proprietor, an employee of the owner or proprietor, or to an independent contractor at the location or premises; or (2) Material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activity or specified anatomical areas, or both, is displayed, sold or provided for consideration on a regular basis. Z. "Consideration," as used in this Chapter 18.69, means a payment or transfer of money or other thing of value exceeding a total of one cent ($.01) to an owner or proprietor, an employee of the owner or proprietor, or to a performer, independent contractor or entertainer at the establishment, without regard to: 1. Any donative intent of the payor, transferror or donor; 2. The time of payment or transfer; or, 3. Whether the payment or transfer was for admission to the establishment or for merchandise, food or beverage displayed or sold at or on behalf of that establishment. AA. "Lingerie Modeling Establishment" means an establishment where, for consideration and for viewing by a patron at that establishment, a person either (1) wears and displays undergarments, lingerie, underwear and similar articles of intimate apparel which cover those areas which constitute specified anatomical areas; or (2) changes from one costume into another in the presence of a patron or patrons and thereby exposes one or more specified anatomical areas to that patron or patrons. This definition shall not, however, be construed so as to apply to a commercial 1999 Ordinance 4 Adult Oriented Businesses retail or wholesale establishment that principally and customarily sells clothing and related wearing apparel, and where specified anatomical areas are not exposed to customers during demonstration displays of merchandise for sale. Section 7. That Section 18.69.030, Section 18.69.040, Section 18.69.050, Section 18.69.060, Section 18.69.070, and Section 18.69.080 of the National City Municipal Code be amended to read as follows: 18.69.030 Prohibitions. A. No person or entity shall own, establish, operate, control or enlarge, or cause or permit the establishment, operation, enlargement or transfer of ownership or control, except pursuant to Section 18.69.060, of any of the following adult oriented businesses if such adult oriented business is or would be within one thousand five hundred feet of another adult oriented business, within one thousand five hundred feet of any school or public park within the city, or within one thousand feet of any residentially zoned property in the city: 1. Adult bookstore 2. Adult motion picture theatre 3. Adult mini -motion picture arcade (peep shows) 4. Adult arcade 5. Adult drive-in theater 6. Adult cabaret 7. Adult motel 8. Adult theater 9. Adult model studio 10. Body painting studio 11. Massage parlor 12. Any sexually oriented business 13. Adult video games 14. Adult video cassette sales and rentals 15. Sexual encounter establishments 16. Lingerie modeling establishment B. An establishment listed in this section shall not be established, operated, enlarged or transferred unless the provisions of the zone in which the site or proposed site is located permit such a use. The conduct of such establishment and the use of the premises shall otherwise comply with the land use code and all other applicable regulations. C. Nothing in this chapter prohibits the location of adult oriented businesses within retail shopping centers in all commercial zones wherein such activities will have their only frontage upon enclosed malls or malls isolated from their direct view from public streets, parks, schools, churches or residentially zoned property. D. Massage parlors, and sexual encounter establishments shall be permitted only upon the prior issuance of a conditional use permit. E. The location of an adult oriented businesses listed in Section 18.69.030(A) of this code (with the exception of subsection (A)(11) and (A)(15)) within any new or existing retail center shall not require a conditional use permit under Section 18.16.095 of this code. 1999 Ordinance 5 Adult Oriented Businesses 18.69.040 Measure of distance. The required minimum distance between any two adult oriented businesses shall be measured in a straight line, without regard to intervening structures, from the closed exterior structural wall of each such business. The distance between any adult oriented business and any public school, public parks or residentially zoned land shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of the adult oriented business to the closest property line of the public school, public park or residential zone. 18.69.050 Development and maintenance standards. All adult oriented businesses hereafter commenced shall, in addition to compliance with the land use code, comply with these specific requirements: A. Signs. Except for theater marquee signs, changeable copy sign, temporary signs and small permanent signs are not permitted. In addition to the requirements of Section 18.62.020 for permit approvals, all sign permits shall be subject to review and approval by the planning commission. B. Exterior Painting. Building and structures shall not be painted or surfaced with garish colors or textures or any design that would simulate a sign or advertising message. C. Advertisements, displays of merchandise, signs, or any other exhibit depicting adult oriented activities placed within the interior of buildings or premises shall be arranged or screened to prevent public viewing from outside such buildings or premises. D. No outdoor loudspeakers or other outdoor sound equipment advertising or directing attention to an adult oriented use is allowed. E. Upon the order of the city manager, graffiti appearing on any exterior surface of a building or premises, which graffiti is within public view, shall be removed and that surface shall be restored within seventy-two hours of notification to the owner or person in charge of the premises. F. All exterior windows that are visible to the public must be opaquely covered. 18.69.060 Exceptions. A. Any person having ownership or control of an adult oriented business which is within one thousand five hundred feet of another such business or within one thousand five hundred feet of any public school, public park, or within one thousand feet of any residential zone on the date this section first became effective (date: September 11, 1979) shall be permitted to transfer such principal ownership or control within a period of two years thereafter provided that the persons acquiring such ownership or control shall be required to discontinue and abate the uses transferred thereunder within a period not to exceed five years from the date of such transfer of principal ownership or control if such business continues to be within one thousand five hundred feet of any other such adult oriented business or within one thousand five hundred feet of any public school or public park or within one thousand feet of any residential zoned property in the City. B. Nothing in the section prohibits the transfer of principal ownership or control of adult oriented uses permitted under Sections 18.69.030, subsection C or 18.69.030, subsection E. C. After the effective date of adoption of Section 18.69.030(A), (date: September 11, 1979) no public school, public park or residential zoned area shall be allowed to commence within those minimum distances of separation. D. Notwithstanding any other provision of this code to the contrary, the provisions of this chapter shall be applicable to all land within the city, including all redevelopment project areas now in existence or hereafter established. 1999 Ordinance 6 Adult Oriented Businesses 18.69.070 Other regulations, permits or licenses. A. Effect. chapter do not waive or modify any other provision of this code. Adult comply with all applicable provisions of law and this code. B. Reference. This list is not all-inclusive and is inserted here applicable regulations include, but are not limited to the following Chapters: Escort services Live entertainment Massage establishments Obscene matter Pornography Peep show establishments 10.74 10.73 10.76 10.34 10.62 15.36 The provisions of this oriented businesses shall for reference only; other 18.69.080 Protection of minors. Adult oriented businesses shall not allow the admission of minors and shall otherwise comply with Chapter 10.62. An attendant shall be present at all times during hours of operation to deny admittance to minors. Section 8. Section 18.69.100 is added to read as follows: 18.69.100 Constitutional severability. The City Council declares that the invalidity of any section or portion of this Chapter 18.69 shall not affect the validity of any other remaining section or portion; that the City Council would have adopted each of those remaining portions notwithstanding any later declared invalidity. If any portion determined to be invalid can be severed or be judicially interpreted in a way that could harmonize it with the remaining provisions, then it may either be severed or be judicially interpreted and, as interpreted, be applied so as to give full purpose, meaning and effect to the remaining provisions of this chapter. Section 9. Further amendment of Title 18 by which renumbered section numbers of other titles are to be inserted into existing sections of Title 18 may hereafter occur without first referring the renumbering to the Planning Commission, provided there is no substantive change thereby created. Section 10. That the City Council finds that the proposed code amendments are consistent with the General Plan, since the General Plan contains policies that encourage adoption and review of appropriate regulations and procedures. Amending the language to clarify the requirements for adult establishments will strengthen the code by eliminating possible ambiguity or inconsistency. It will not change established policies, regulations or practices. Section 11. That the proposed code amendment is exempt from the California Environmental Quality Act (CEQA), on the basis that there is no possibility that the proposal will have a significant environmental effect, since the amendment will clarify the Code procedures already in practice. Furthermore, CEQA provides that economic and social changes resulting from a project shall not be treated as significant effects of the environment. The amendment addresses regulations that affect only social aspects associated with the development that may occur. It will not generally effect the location of business, schools, parks, or homes in the city. 1999 Ordinance 7 Adult Oriented Businesses Section 12. Severability. The City Council declares that the invalidity of any section or portion of this ordinance or the chapters thereby adopted shall not affect the validity of any other remaining section or portion; that the Council would have adopted each of those remaining portions, notwithstanding any later declared invalidity. If any provision determined invalid under the preceding sentence can be severed or judicially interpreted in a way that could harmonize it with the remaining provisions, then it may either be so severed or be judicially interpreted and, as interpreted, be applied so as to give full purpose, meaning and effect to the remaining provisions of this ordinance. PASSED and ADOPTED this day of , 1999. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, HE, City Attorney 1999 Ordinance 8 Adult Oriented Businesses City of National City, California COUNCIL AGENDA STATEMENT September 14, 1999 MEETING DATE *Refer to Item #1 3 AGENDA ITEM NO. (-ITEM TITLE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CHANGING THE NAME OF "BAY MARINA WAY" TO "BAY MARINA DRIVE." PREPARED BY Kathleen Trees, Acting Directors DEPARTMENT Building and Safety EXPLANATION On September 15, 1998 the City Council passed a resolution changing the name of 24th Street between Interstate 5 and Terminal Ave. to Bay Marina Way. This change becomes effective on July 10, 2000, the date the area code for National City changes. At the May 18, 1999 Community Development Commission meeting the CDC voted to change the name of Bay Marina Way to Bay Marina Drive. A Public Hearing was conducted after proper notice on September 14, 1999 per the City's Administrative Procedures. Environmental Review Financial Statement N/A STAFF RECOMMENDATION X N/A Account No. Adopt the Resolution changing the name of Bay Marina Way to Bay Marina Drive effective July 10, 2000. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) Resolution Public Notice (Attachment A) Street Name Change Administrative Procedures (Attachment B) Resolution No. 99-136 A-200 (9/e0) RESOLUTION NO. 99- 136 RESOLUTION OF 1HE CITY COUNCIL OF THE CITY OF NATIONAL CITY CHANGING 1'HE NAME OF 24Tn STREET BETWEEN INTERSTATE 5 AND THE BAY TO "BAY MARINA DRIVE" WHEREAS, on September 15, 1998, the City Council passed Resolution 98-112 to change the name of 24a' Street between National City Boulevard and Interstate 5 to "Mile -of - Cars Way" and between Interstate 5 and the bay to Bay Marina Way"; and WHEREAS, on May 18, 1999, the Community Development Commission of the City of National City voted to change the name of "Bay Marina Way" to "Bay Marina Drive"; and WHEREAS, on September 14, 1999, the City Council held a public hearing to consider changing the name of 24th Street between Interstate 5 and the bay from "Bay Marina Way" to "Bay Marina Drive"; and WHEREAS, at said public hearing, the City Council received and considered oral and documentary evidence concerning the proposed name change. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that, effective July 10, 2000, the date that the area code for National City is to be changed, the name of 24th Street between Interstate 5 and the bay is to be changed to "Bay Marina Way". PASSED and ADOPTED this 14th day of September, 1999. George H. Waters, Mayor AI LEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: City Attorney City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Della - City Clerk (619) 336-4226 Fax (619) 336-4376 NOTICE OF PUBLIC HEARING CHANGE THE NAME OF BAY MARINA WAY TO BAY MARINA DRIVE NOTICE IS HEREBY GIVEN that the City Council of the City of National City will hold a Public Hearing after the hour of 6:00 p.m. on September 14, 1999, in the City Council Chambers on the second floor of the Civic Center located at 1243 National City Boulevard, National City, CA to consider the following: A PROPOSAL TO CHANGE THE NAME OF BAY MARINA WAY TO BAY MARINA DRIVE Any person interested in this matter may appear at the above time and place and be heard. Written comments regarding this matter may be sent to the City Clerk of National City, 1243 National City Boulevard, National City, CA 91950. If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the undersigned or to the City Council at, or prior to, the public hearing. MICHAEL R. DALLA City Clerk of the City of National City DATED: September 1, 1999 ATTACHMENT A ® Recycled Paper City of National City Building and Safety Department 1243 National City Blvd., National City, CA 91950-4397 (619) 336-4210 Fax (619) 336-4376 DATE: June 4, 1998 TO: Mayor and City Council FROM: Michael Bouse, Building & Safety Director/ SUBJECT: Street Name Change Administrative Procedures The following are the administrative procedures for changing the name of a street: Step 1: City Council sets a date and time for a public hearing on the proposal, with sufficient, lead time to allow the completion of Steps 2 and 3 (typically 20 to 30 days in advance). Step 2: Building ,& Safety sends a Notice of Public Hearing to all owners and tenants along the affected street at least 10 days before date of hearing. Step 3: Public Works posts a copy of the Notice of Public Hearing on each side of the street at'/a mile intervals, but not less than 3 notices on each side. Step 4: City Council conducts public hearing and, if desired, adopts a resolution with a recommended 60-day lead effective date. Step 5: Step 6: City Clerk sends a copy of the resolution to the Board of Supervisors, County Surveyor, County Clerk, and County Assessor. Building & Safety sends a copy of resolution to all owners, tenants and agencies that normally receive a "change of address" notification (i.e. Sweetwater Authority, SDG&E, NCPD, NCFD, U.S. Postal Service, MLAC Manager (in charge of 911 calls), City Planning, Building & Safety, and Engineering Departments.) Step 7: New street name signs are installed by the appropriate agencies. Attached is a list of owners of property adjacent to 24th Street that would receive notice of the proposed street name change pursuant to Step 2 above. ATTACHMENT B City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE 9 / 14 / 9 9 AGENDA ITEM NO. 4 (ITEM TITLE RESOLUTION AUTHORIZING THE PURCHASE OF 16 NEW DIESEL LOW FLOOR BUSES. PREPARED BY Alfredo Rios, Jr. EXPLANATION. This resolution will authorize the General Managers of MTDB and National City Transit for the purchase of 16 new diesel low floor buses for National City Transit (NCT). These options have been included in the joint bus procurement contract (MTDB DOC# B0096.0-95) with New Flyer of America. A maximum of 50% local share will be required from NCT or about $2.3 million in local money with the availability of Federal Funding. This will result in a substantial cost saving. NCT is expected to initially provide $400,000 in Transportation Development Act (TDA) funds from bus capital reserve or unallocated TDA funds for Fiscal Year 2000. There would also be an annuall contribution to pay the balance that would roughly be from $150,000 increasing to perhaps $190,000 over a 12 year period beginning in Fiscal Year 2001. DEPARTMENT National City Transit Environmental Review X N/A Financial Statement This action only involves TDA funds and not the City of National City General Fund. Account No TAFF RECO ENDATION Staff Recommends Approval. BOARD/COMMISSION RECOMMENDATION ArILCHMENTS (Listed Below) Resolution No. 99-137 Resolution and Bus Specification (at City Clerks Office) A-200 (Rev. 9/80) RESOLUTION NO. 99-137 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE USE OF APPROXIMATELY $2.3 MILLION IN TRANSPORTATION DEVELOPMENT ACT FUNDS FOR THE PURCHASE OF 16 NEW DIESEL LOW FLOOR BUSES BY THE METROPOLITAN DEVELOPMENT TRANSIT BOARD WHEREAS, the Metropolitan Transit Development Board (MTDB) has procured 16 new diesel low floor buses for National City Transit (NCT) at a cost of approximately $4.6 Million; and WHEREAS, a maximum of 50% in matching funds, or approximately $2.3 Million, is required from NCT for such procurement; and WHEREAS, the source of the $2.3 Million in NCT matching funds will be Transportation Development Act (TDA) funds. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City does hereby approve the use of approximately $2.3 Million in Transportation Development Act funds for the purchase of 16 new diesel low floor buses by the Metropolitan Transit Development Board. PASSED and ADOPTED this 14th day of September, 1999. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 14, 1999 *Refer to Item #2 5 AGENDA ITEM NO. 7-ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CHAPTERS 15.36, 18.04 AND 18.69 OF THE NATIONAL CITY MUNICIPAL CODE RELATING TO PEEP SHOW ESTABLISHMENTS, CABARETS AND ADULT ORIENTED BUSINESSES PREPARED BY EXPLANATION Rudolf Hradecky DEPARTMENT Please see attached Staff Report. This proposed ordinance has been approved and coordinated with the Police and Planning Departments. Environmental Review X N/A Financial Statement N/A Account No. STAFF RECOMMENDATION Adopt proposed ordinance. BOARD / COMMISSION RECOMMENDATION Proposed Ordinance approved by Planning Commission on June 21, 1999. ATTACHMENTS ( Listed Below ) Staff report Proposed Ordinance Resolution No. A-200 (9/80) STAFF REPORT AN ORDINANCE OF THE CITY COUNCIL OF '1'HE CITY OF NATIONAL CITY AMENDING CHAPTERS 15.36, 18.04 AND 18.69 OF THE NATIONAL CITY MUNICIPAL CODE RELATING TO THE DEFINITIONS OF PEEP SHOW ESTABLISHMENTS, CABARETS AND ADULT ORIENTED BUSINESSES This proposed ordinance will amend, clarify and further tighten up definitions pertaining to adult oriented businesses in Title 15, Chapter 15.36 and Title 18, Chapter 18.69, as they may affect National City. At present, there are no adult oriented businesses operating in National City. This proposed ordinance "fine-tunes" the existing provisions of law, and adds some new definitions to cover the latest generation of adult oriented businesses that are being proposed for operation in other jurisdictions. The ordinance does the following: • Tightens up definitions on "peep shows" and clarifies structural requirements for the establishment within Chapter 15.36; • Substitutes "adult oriented businesses" for the term "adult entertainment business"; • Adds definitions and regulations covering "lingerie modeling establishments"; • Defines the term "consideration" as it may apply within the context and practice of adult oriented businesses; • Adds a requirement that the exterior windows of adult oriented businesses be opaquely covered; • Adds a constitutional severability clause to Chapter 18.69. National City's Adult Entertainment Ordinance (NCMC Chapter 18.69) The U.S. and California Constitutions generally require that at least some portion of land in a city remain available for business activities protected by the First Amendment. Federal and state courts have interpreted "free speech" to include some activities commonly described as "adult entertainment," because of the "expressive" nature of such activities. National City's adult oriented business land use regulations (NCMC Chapter 18.69) have been narrowly tailored to provide for proper regulation of such business for "important or substantial" governmental interests. Any business that proposes the display of the human body in a nude or "semi-nude" state potentially falls under these adult oriented business regulations. The regulations place certain "time, place, and manner" restrictions on such businesses, protecting the public interest in health, safety and welfare. Chief among them is the provision that any adult oriented business be located in areas that are separated from schools, churches, residential areas and parks by distances ranging from 1,000 feet to 1,500 feet. However, exempt from this distance separation would be a location within an enclosed mall, or a mall screened from view. 1 Staff Report Adult Oriented Businesses In addition to land use regulations, the Municipal Code also regulates the operations of several types of adult oriented businesses. These additional regulations are selective, and pertain only to adult cabarets, massage establishments, and escort services. Thus, the only regulation affecting other adult oriented businesses such as adult bookstores, adult motion picture theaters, and adult hotels is the land use requirement separating such businesses from sensitive uses. The City's ordinances do not currently contain a definition or regulation of lingerie modeling, or nude lingerie modeling in conjunction with retail sales of clothing. It is proposed therefore to add such definitions in advance of any entry into National City. However, to interpret the possible effects of such a business on the public health, safety, and welfare, the City may rely on its own experience with other adult oriented businesses, and on the experience of other cities with adult oriented businesses, and with lingerie modeling studios specifically. If a state of nudity or semi -nudity is involved in a proposed business, the effect on public health, safety, and welfare is easily documented. For example, over 25 years ago the U.S. Supreme Court described the harmful effects associated with nude dancing in a case called California v. La Rue (1972). Relying on the trial court's transcript, Justice William Rehnquist explained that "prostitution occurred in and around such premises, and involved some of the female dancers." Other negative effects included "indecent exposure to young girls, attempted rape, rape, and assaults on police officers." Customers of the establishment engaged in sexual acts and simulated sexual acts, and numerous other forms of contact with employees. Similarly, in Renton v. Playtime Theatres (1986), the U.S. Supreme Court determined that the City of Renton's ordinance properly targeted such "negative secondary effects," and that the effect that nude dancing establishments had in increasing various types of crime justified severe regulation of such establishments. In Barnes v. Glen Theatres (1991), the U.S. Supreme Court upheld an Indiana anti -nudity statute that was used to prohibit nude dancing. The court described numerous negative secondary effects of adult oriented businesses in its opinion, including prostitution, increased sexual assaults, and other criminal activity. Over the past 20 years, studies performed in various cities throughout the nation yielded statistical evidence that adult nude entertainment establishments increase reported incidents of prostitution, rape, commercial exploitation of sex acts, face-to-face street robberies, illegal gambling, drug use and drug dealing, neighborhood blighting, and decreased property values. According to the Court's opinion in Renton, cities are entitled to rely on the experiences of other cities in enacting adult oriented business ordinances. The First Amendment does not require a city to conduct new studies or to produce independent evidence of secondary effects. The names (and dates) of cities which have undertaken studies on the secondary effects of adult businesses include: Garden Grove, California (1991); Whittier, California (1978); Indianapolis, Indiana (1984); Minneapolis, Minnesota (1980); Oklahoma City, Oklahoma (1986); and Seattle, Washington (1989). In the last five years Atlanta, Georgia conducted 2 Staff Report Adult Oriented Businesses studies which dealt specifically with "lingerie modeling studios." Similar statistical increases in crime and violent crime resulted from the establishment of such lingerie modeling businesses in Atlanta. Following the Atlanta studies, numerous cities have incorporated the term "lingerie modeling" into their existing adult oriented businesses. Among these are the cities of San Buenaventura, California; Mission Viejo, California; Costa Mesa, California; and Atlanta, Georgia. Therefore, the proposed business of "lingerie modeling" is likely to include nude modeling, and will possibly include strip teases in a one-on-one setting between employee and customer. Based on the experience of the other cities described above, and our own experiences, nude modeling, lingerie modeling, and strip tease is likely to have significant negative secondary effects on the public health, safety and welfare. The City may therefore adopt appropriate land use regulations, as proposed in the attached ordinance. It is therefore recommended that the Council approve the proposed ordinance which adds businesses described as lingerie modeling and similar other activities in conjunction with "adult oriented" activity to Title 18, and adopt the clarifications and additional restrictions proposed for peep shows in Chapter 15.36. 3 Staff Report Adult Oriented Businesses ORDINANCE NO. 99- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CHAPTERS 15.36, 18.04 AND 18.69 OF THE NATIONAL CITY MUNICIPAL CODE RELATING TO PEEP SHOW ESTABLISHMENTS, CABARETS AND ADULT ORIENTED BUSINESSES BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. That Chapter 15.36 of the National City Municipal Code is amended by adding Section 15.36.005 and amending Sections 15.36.010, 15.36.020, 15.36.030, 15.36.040, 15.36.050 and 15.36.070 to read as follows: 15.36.005 Definitions. A. "Peep show establishment" means any place in which a peep show device is installed, maintained or operated. It includes an adult motion picture arcade defined in Section 18.69.020F. B. "Peep show device" means an aperture or device by or through which electronic, video, photographic, cinematic, digital, or computer generated images are or can be reflected or projected onto an external screen or be internally projected, generated or reflected onto a screen that is an integral part of the device itself. 15.36.010 Wall --partition construction. No person shall operate a peep show establishment unless any wall or partition which is situated so as to create a room, enclosure or booth in which any peep show device is located is constructed of not less than one hour fire resistive material. Any wall of a room, enclosure or booth which adjoins another room, enclosure or booth containing a peep show device shall be solid and uninterrupted by any hole or aperture, other than a lawfully conforming exit or other lawful means of ingress and egress. 15.36.020 Aisle --minimum width. No person shall operate a peep show establishment in which the width of the aisles in any room, enclosure or booth where a peep show device is located is less than forty-two inches. 15.36.030 Doorways --requirements. No person shall operate a peep show establishment unless there are no fewer than two doorways of a width no less than thirty-six inches which provide ingress or egress from any room, enclosure or booth in which a peep show device is located; provided, however, that one doorway shall be sufficient should the fire chief so determine, based on fire safety considerations. Doorway or doorways shall be opened and unlocked during business hours. 15.36.040 Lighted exit signs. No person shall operate a peep show establishment unless there is placed over every doorway that provides egress from any room, enclosure or booth in which a peep show device is located an internally illuminated exit sign with letters at least five inches in height. 1999 Ordinance Adult Oriented Businesses 15.36.050 Patron --view of doorway. No person shall operate a peep show establishment unless each peep show device located in such establishment is situated so as to permit a patron to have a constantly unobstructed view of the interior of the room containing the peep show device. The interior of the room, enclosure or booth containing a peep show device shall be visible at all times. No curtain, door or opaque cover shall block the view of an operator into the interior of the room, enclosure or booth containing the peep show device. 15.36.070 Maximum occupancy load. No person shall operate a peep show establishment in which the number of persons in any room or partitioned portion of a room, enclosure or booth where a peep show device is located exceeds one person per thirty square feet. The maximum occupancy load permitted in any room or partitioned portion of a room in which a peep show device is located shall be conspicuously posted by the operator, and shall remain posted, at the entrance to said room. Section 2. That the title of Chapter 18.69 of the National City Municipal Code be amended to read as "Adult Oriented Businesses". Section 3. That Sections 18.04.113 and 18.04.501 of the National City Municipal Code be amended to read as follows: 18.04.113 Cabaret. "Cabaret" means a cafe, restaurant, bar or any other public establishment that serves food or alcoholic or non-alcoholic beverages, or both, where entertainment is regularly provided by paid or unpaid performers or musicians, or dancing is regularly allowed to the accompaniment of recorded or live music or rhythmic sound. See also Section 18.69.020H. 18.04.501 Definitions. A. "Peep show establishment" means any place in which a peep show device is operated. See also Chapter 15.36. B. "Peep show device" means an aperture through which may be viewed images that are exhibited by means of the projection or internal electronic reflection of motion picture film, or slides, or both. See also adult motion picture arcades defined in Section 18.36.020F and adult mini -motion picture theater in Section 18.69.020E. Section 4. That Section 18.69.010 of the National City Municipal Code be amended to read as follows: 18.69.010 Purpose and intent. A. It is the purpose of this Chapter to establish reasonable and uniform content -neutral regulations to decrease blight and crime by either dispersing adult oriented businesses, or by shifting part of the burden of regulating such businesses to the private sector by placing them in locations which minimize the negative secondary effects of such businesses. B. It is the intent of this chapter that these regulations be utilized to serve the substantial interest of the City in preventing problems of blight and deterioration which accompany and are brought about by adult oriented businesses, while allowing reasonable alternative locations for those businesses. 1999 Ordinance 2 Adult Oriented Businesses C. In enacting this Chapter, the City Council is relying upon the experiences of the City of National City and upon the experiences and studies of other municipalities concerning the deleterious effects of adult oriented businesses, which this Chapter is intended to curtail. Section 5. That Section 18.69.020 of the National City Municipal Code be amended to read as follows: (A through E--no change). F. "Adult motion picture arcade," to include without limitation a peep show, is any place to which the public is permitted or invited wherein coin or slug -operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image - producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas. The image producing device or peep show device shall also include any other device by or through which electronic, video, photographic, cinematic, digital, or computer generated images depicting specified anatomical areas or specified sexual activity defined by Section 18.69.020 are or can be reflected or projected onto an external screen or be internally projected, generated or reflected onto a screen that is an integral part of the device itself. (G--no change) H. "Adult cabaret" is a night club, bar, restaurant, cabaret or similar establishment which may serve food or alcoholic or non-alcoholic beverage, or both, and which, for consideration, regularly features live performances or films, motion pictures, video cassettes, slides or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or the exposure of specified anatomical areas for observation by patrons or attendees. (I through J--no change). K. "Adult model studio" is any establishment open to the public where, for any form of consideration, one or more persons display or expose any portion of specified anatomical areas to be observed, sketched, drawn, painted, sculptured, photographed, videoed or be similarly viewed or depicted by any person, other than the proprietor, who pays a consideration to either the proprietor, an employee of the proprietor or the model. This definition shall also include, without limitation, a "lingerie modeling establishment." This definition shall not apply to any school of art which is operated by an individual, firm, association, partnership, corporation or institution which meets the requirements established in the Education Code of the state of California for the issuance or conferring of, and is in fact authorized thereunder to issue and confer a diploma. (L through R - No change). S. "Establishing an adult oriented business," as used in this chapter, means and includes any of the following: 1. The opening or commencement of any such business as a new business; 2. The conversion of an existing business, whether or not an adult oriented business, to any of the adult oriented businesses defined in this chapter; or 3. The addition of any of the adult oriented businesses defined herein to any other existing adult oriented business; or 1999 Ordinance 3 Adult Oriented Businesses 4. The relocation of any such business. T. "Transfer of ownership or control," as used in the chapter, means and includes any of the following: 1. The sale, lease or sublease of an adult oriented business; 2. The transfer of securities which constitute a controlling interest in such business, whether by sale, exchange or similar means; or 3. The establishment of a trust, gift or other similar legal device which transfers the ownership or control of such business, except for transfer by bequest or other operation of law upon the death of the person possessing such ownership or control. U. "Sale and display of paraphernalia and literature commonly associated with the use of narcotics and controlled substances (headshops)" is an establishment or place where more than fifteen percent of the floor area in any room is used for the sale and display of such paraphernalia and literature, including but not limited to cocaine and sniffmg kits, glass mirrors for cutting cocaine, snorting spoons and tubes, strainers to sift cocaine, water pipes (bongs), everyday items with special removable tops that have been converted to conceal narcotics and drugs, including simulated beer cans, oil cans and plastic photographic film vials, "roach clips" (for holding marijuana cigarettes), or books and magazines extolling the use of narcotics or controlled substances. Such a place is an adult oriented business. This definition does not limit licensed pharmacies in selling and displaying paraphernalia that is medical equipment prescribed by licensed medical practitioners. Section 6. That Subsections Y, Z, and AA be added to Section 18.69.020 of the National City Municipal Code to read as follows: Y. "Sexually -oriented business" is any business in which: (1) Specified sexual activity occurs or specified anatomical areas are exposed, or both, by a patron, attendee, employee or independent contractor for any form of consideration paid or furnished to the owner, proprietor, an employee of the owner or proprietor, or to an independent contractor at the location or premises; or (2) Material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activity or specified anatomical areas, or both, is displayed, sold or provided for consideration on a regular basis. Z. "Consideration," as used in this Chapter 18.69, means a payment or transfer of money or other thing of value exceeding a total of one cent ($.01) to an owner or proprietor, an employee of the owner or proprietor, or to a performer, independent contractor or entertainer at the establishment, without regard to: 1. Any donative intent of the payor, transferror or donor; 2. The time of payment or transfer; or, 3. Whether the payment or transfer was for admission to the establishment or for merchandise, food or beverage displayed or sold at or on behalf of that establishment. AA. "Lingerie Modeling Establishment" means an establishment where, for consideration and for viewing by a patron at that establishment, a person either (1) wears and displays undergarments, lingerie, underwear and similar articles of intimate apparel which cover those areas which constitute specified anatomical areas; or (2) changes from one costume into another in the presence of a patron or patrons and thereby exposes one or more specified anatomical areas to that patron or patrons. This definition shall not, however, be construed so as to apply to a commercial 1999 Ordinance 4 Adult Oriented Businesses retail or wholesale establishment that principally and customarily sells clothing and related wearing apparel, and where specified anatomical areas are not exposed to customers during demonstration displays of merchandise for sale. Section 7. That Section 18.69.030, Section 18.69.040, Section 18.69.050, Section 18.69.060, Section 18.69.070, and Section 18.69.080 of the National City Municipal Code be amended to read as follows: 18.69.030 Prohibitions. A. No person or entity shall own, establish, operate, control or enlarge, or cause or permit the establishment, operation, enlargement or transfer of ownership or control, except pursuant to Section 18.69.060, of any of the following adult oriented businesses if such adult oriented business is or would be within one thousand five hundred feet of another adult oriented business, within one thousand five hundred feet of any school or public park within the city, or within one thousand feet of any residentially zoned property in the city: 1. Adult bookstore 2. Adult motion picture theatre 3. Adult mini -motion picture arcade (peep shows) 4. Adult arcade 5. Adult drive-in theater 6. Adult cabaret 7. Adult motel 8. Adult theater 9. Adult model studio 10. Body painting studio 11. Massage parlor 12. Any sexually oriented business 13. Adult video games 14. Adult video cassette sales and rentals 15. Sexual encounter establishments 16. Lingerie modeling establishment B. An establishment listed in this section shall not be established, operated, enlarged or transferred unless the provisions of the zone in which the site or proposed site is located permit such a use. The conduct of such establishment and the use of the premises shall otherwise comply with the land use code and all other applicable regulations. C. Nothing in this chapter prohibits the location of adult oriented businesses within retail shopping centers in all commercial zones wherein such activities will have their only frontage upon enclosed malls or malls isolated from their direct view from public streets, parks, schools, churches or residentially zoned property. D. Massage parlors, and sexual encounter establishments shall be permitted only upon the prior issuance of a conditional use permit. E. The location of an adult oriented businesses listed in Section 18.69.030(A) of this code (with the exception of subsection (A)(11) and (A)(15)) within any new or existing retail center shall not require a conditional use permit under Section 18.16.095 of this code. 1999 Ordinance 5 Adult Oriented Businesses 18.69.040 Measure of distance. The required minimum distance between any two adult oriented businesses shall be measured in a straight line, without regard to intervening structures, from the closed exterior structural wall of each such business. The distance between any adult oriented business and any public school, public parks or residentially zoned land shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of the adult oriented business to the closest property line of the public school, public park or residential zone. 18.69.050 Development and maintenance standards All adult oriented businesses hereafter commenced shall, in addition to compliance with the land use code, comply with these specific requirements: A. Signs. Except for theater marquee signs, changeable copy sign, temporary signs and small permanent signs are not permitted. In addition to the requirements of Section 18.62.020 for permit approvals, all sign permits shall be subject to review and approval by the planning commission. B. Exterior Painting. Building and structures shall not be painted or surfaced with garish colors or textures or any design that would simulate a sign or advertising message. C. Advertisements, displays of merchandise, signs, or any other exhibit depicting adult oriented activities placed within the interior of buildings or premises shall be arranged or screened to prevent public viewing from outside such buildings or premises. D. No outdoor loudspeakers or other outdoor sound equipment advertising or directing attention to an adult oriented use is allowed. E. Upon the order of the city manager, graffiti appearing on any exterior surface of a building or premises, which graffiti is within public view, shall be removed and that surface shall be restored within seventy-two hours of notification to the owner or person in charge of the premises. F. All exterior windows that are visible to the public must be opaquely covered. 18.69.060 Exceptions. A. Any person having ownership or control of an adult oriented business which is within one thousand five hundred feet of another such business or within one thousand five hundred feet of any public school, public park, or within one thousand feet of any residential zone on the date this section first became effective (date: September 11, 1979) shall be permitted to transfer such principal ownership or control within a period of two years thereafter provided that the persons acquiring such ownership or control shall be required to discontinue and abate the uses transferred thereunder within a period not to exceed five years from the date of such transfer of principal ownership or control if such business continues to be within one thousand five hundred feet of any other such adult oriented business or within one thousand five hundred feet of any public school or public park or within one thousand feet of any residential zoned property in the City. B. Nothing in the section prohibits the transfer of principal ownership or control of adult oriented uses permitted under Sections 18.69.030, subsection C or 18.69.030, subsection E. C. After the effective date of adoption of Section 18.69.030(A), (date: September 11, 1979) no public school, public park or residential zoned area shall be allowed to commence within those minimum distances of separation. D. Notwithstanding any other provision of this code to the contrary, the provisions of this chapter shall be applicable to all land within the city, including all redevelopment project areas now in existence or hereafter established. 1999 Ordinance 6 Adult Oriented Businesses 18.69.070 Other regulations, permits or licenses. A. Effect. The provisions of this chapter do not waive or modify any other provision of this code. Adult oriented businesses shall comply with all applicable provisions of law and this code. B. Reference. This list is not all-inclusive and is inserted here for reference only.; other applicable regulations include, but are not limited to the following Chapters: Escort services 10.74 Live entertainment 10.73 Massage establishments 10.76 Obscene matter 10.34 Pornography 10.62 Peep show establishments 15.36 18.69.080 Protection of minors. Adult oriented businesses shall not allow the admission of minors and shall otherwise comply with Chapter 10.62. An attendant shall be present at all times during hours of operation to deny admittance to minors. Section 8. Section 18.69.100 is added to read as follows: 18.69.100 Constitutional severability. The City Council declares that the invalidity of any section or portion of this Chapter 18.69 shall not affect the validity of any other remaining section or portion; that the City Council would have adopted each of those remaining portions notwithstanding any later declared invalidity. If any portion determined to be invalid can be severed or be judicially interpreted in a way that could harmonize it with the remaining provisions, then it may either be severed or be judicially interpreted and, as interpreted, be applied so as to give full purpose, meaning and effect to the remaining provisions of this chapter. Section 9. Further amendment of Title 18 by which renumbered section numbers of other titles are to be inserted into existing sections of Title 18 may hereafter occur without first referring the renumbering to the Planning Commission, provided there is no substantive change thereby created. Section 10. That the City Council finds that the proposed code amendments are consistent with the General Plan, since the General Plan contains policies that encourage adoption and review of appropriate regulations and procedures. Amending the language to clarify the requirements for adult establishments will strengthen the code by eliminating possible ambiguity or inconsistency. It will not change established policies, regulations or practices. Section 11. That the proposed code amendment is exempt from the California Environmental Quality Act (CEQA), on the basis that there is no possibility that the proposal will have a significant environmental effect, since the amendment will clarify the Code procedures already in practice. Furthermore, CEQA provides that economic and social changes resulting from a project shall not be treated as significant effects of the environment. The amendment addresses regulations that affect only social aspects associated with the development that may occur. It will not generally effect the location of business, schools, parks, or homes in the city. 1999 Ordinance 7 Adult Oriented Businesses Section 12. Severability. The City Council declares that the invalidity of any section or portion of this ordinance or the chapters thereby adopted shall not affect the validity of any other remaining section or portion; that the Council would have adopted each of those remaining portions, notwithstanding any later declared invalidity. If any provision determined invalid under the preceding sentence can be severed or judicially interpreted in a way that could harmonize it with the remaining provisions, then it may either be so severed or be judicially interpreted and, as interpreted, be applied so as to give full purpose, meaning and effect to the remaining provisions of this ordinance. PASSED and ADOPTED this day of , 1999. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III, City Attorney George H. Waters, Mayor 1999 Ordinance 8 Adult Oriented Businesses City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE 09/14/99 AGENDA ITEM NO. 6 / ITEM TITLE WARRANT REGISTER #10 PREPARED BY ROBERT A. RABAGO DEPARTMENT FINANCE EXPLANATION Ratification of Warrant Register #10 per government section code 37208. Environmental Review N/A Financial Statement N/A Account No. STAFF RECO ENDATION I recommend ratification of these warrants for a total of $356,464.57 7 0 • -21 BOARD!COMMISSION ECOMME j DATIGI TT CHMENTS (Listed Below) 1. Warrant Register #10 2. Workers' Comp Warrant Register dated 09/01/99 Resolution No. A-200 (Re.. 9/80) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 14, 1999 AGENDA ITEM NO. / ITEM TITLE Use of the Community Building by the National School District on November 1, 1999 and Waiver of Fees PREPARED BY DEPARTMENT Burton Myers Public Works EXPLANATION By the attached letter, the National School District is requesting use of the north room in the Community Building on Monday November 1, 1999 for staff development. There will be approximately 70 people attending. Waiver of fees is requested. Fees: Hall Rental $316.62 Custodial 67.02 Total: $383.64 Environmental Review X N/A Financial Statement Loss of $383.64 to the General F d f waiver of fees is approved. STAFF RECOMMENDA ON Authorize use and waive fees_ requested. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) National School District letter dated August 30, 1999. A -zoo (9/80) Account No. Resolution No. NATIONAL SCHOOL DISTRICT 1500 N AVENUE • NATIONAL CITY, CA 91950 • (619) 336-7500 FAX (619) 336-7505 August 30, 1999 Mr. Burt Myers Acting Public Works Director 2100 Hoover Ave. National City, CA 91950 Dear Mr. Myers: I am submitting this letter to request the City of National City waive the room fee for using the large, front room of the National City Community Center on Monday, November 1, from 2:30- 6:00 p.m. At that time, National School District, National City Middle School, Granger Jr. High, and Sweetwater High School teachers will be using the room for staff development. If you have any questions, or need further information, please call my secretary Sharon Hudson at 336-7750 or me at 336-7751. Thank you so much for assisting in this matter. We look forward to hearing of the City Council's approval of waiving the fee for this function. Sincerely, Ellen C. Curtin, Ed.D. Assistant Superintendent — Educational Services ECC:slh ends. BOARD MEMBERS: ROSALIE'ROSIE' ALVARADO; ANNE L CAMPBELL; CECILIA GARCIA-KIRK; ALMA GRAHAM; FRANK PEREZ DISTRICT SUPERINTENDENT: GEORGE J. CAMERON, Ed.D. ASSISTANT SUPERINTENDENT —EDUCATIONAL SERVICES: ELLEN C. CURTIN, Ed.D. ASSISTANT SUPERINTENDENT —BUSINESS SERVICES: MICHAEL J. CASTANOS ASSISTANT SUPERINTENDENT —HUMAN RESOURCES: CYNTHIA A. MESAROS City of National City, California COUNCIL AGENDA STATEMENT September 14, 1999 MEETING DATE AGENDA ITEM NO. ITEM TITLE TEMPORARY USE PERMIT — APPLIANCE PARTS CENTER, INC. PARKING LOT TENT SALE PREPARED BY PARTMENT Kathleen Trees, Acting Dire or EXPLANATION Building and Safety This is a request from Appliance Parts Center, Inc. to conduct a two day appliance sale in the store parking lot at 222 E. 8th Street, on September 23 and September 24, 1999. The hours of the sale are 8:00 a.m. to 5:30 p.m. Any sales tax collected as a result of this sale is allocated to National City. i Environmental Review X N/A Financial Statement The City has incurred $115.00 in costs in processing the T.U.P. application through various City Departments. N/A Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD 0 COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. Application For A Temporary Use Permit with recommended approvals and/or stipulations. A-200 (9/80) c/A200.DOC 0013585-13000 CITY OF NATIONAL CITY BUILDING & SAFETY 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 APPLICATION FOR A TEMPORARY USE PERMIT APPLICATION IS HEREBY MADE FOR A TEMPORARY USE PERMIT PURSUANT TO THE PROVISION OF THE NATIONAL CITY MUNICIPAL CODE 15.60 AND AS DESCRIBED BELOW. Temporary Use Permits are ministerial administrative regulations intended to provide orderly and effective management of specific list of temporary land uses have exceptional characteristics requiring their review and limitations. Any permit applicant may appeal the action of the Building Official pursuant to Municipal Code section 15.60.045. Class A & B use Application for a Temporary Use Permit must be filed 15 working days prior to the commencement of the activity/event. Activities/events involving the use or areas of operation within the state highway jurisdiction shall be filed not less than six (6) month prior to the requested activity/event. PLEASE COMPLETE (Print or Type): /� �-; SPONSORING ORGANIZATION(s): 4%I�nJ� etap-7 ! f�AtY2-4/ �.-W C, � ORGANIZATION ADDRESS' r�--� %—c.� J J f1 `-; p� CA 9 / 9s C-) PHONE: 6j�'r . Z 7te "E; 70 City State P LOCATION OF EVENT: _AA/St DATE(S) REQUESTED FOR FROM 7 9 'I-3 /9-9 n S TOa 9 / J - y r (} v HOURS OF USE ON DAY OF EVENT: FROM V A.M P.M. TO S7 JC) Al . / P.M. (BEGIN SETUP) DATE9i' ' TIME A.M. P.M. -- (END SETUP) DATEarn TIME g..SC)A.M. (BEGIN TEARDOWN) DATE TIME A.M. /f � J /`.t,P..M.- ( END TEARDOWN) DATE TIME A.M./P.M. BRIEF DESCRIPTION OF EVENT: (e- of ''-S-sz, t 2k (A brief summary of the event/may be requested. A summary of the event activity may be attached to the application) NAME OF PERSON RESPONSIBLE FOR THE EVENT, WHO WILL BE ON -SITE THE DAY OF THE EVENT: Vv P--ELArz HOW MAY THIS PERSON BE CONTACTED? c i --. 7 7 - — c '7 SPECIFIC USE REQUEST: JUSTIFICATION: k_s C :0-4.nj REQUEST TO SELL OR SERVE ALCOHOL BEVERAGES: YES[ ] NOj/]— WILL FOOD/ DRINK BE SOLD: YES[ ] NO (Note: The City Council will not approve the sale or consumption of alcohol in City parks in conjunction with any event requiring a T. U.P. This prohibition will not impact the existing policy regarding the sale or consumption of alcohol within buildings in the parks, such as the Community Center, which will continue to be subject to the approval of the City Council.) WILL TENTS OR CANOPIES BE USED?: YES,j NO [ ] (If 'YES,", permit maybe required from Fire Department) tQ- WAIVER OF FEES REQUESTED: YES [ ] NO,1/1 (lf "YES," complete attached supplemental questionnaire form) FACILITIES: (When Applicable) REQUEST ASSISTANCE WITH THE FOLLOWING: NOISE, CROWD, TRAFFIC CONTROL: SECURITY CONTROL: Aid PARKING/BARRICADES: Air.) EXTERIOR LIGHTING/ELECTRICAL: TRASH DISPOSAL/SITE CLEAN-UP AFTER EVENT: AIL) SANITARY FACILITIES: A-/(-) PLEASE COMPLETE (Print or Type) NAME OF APPLICANT: 0pLAN� w 2!Z- &YE C ADDRESS: 2a r✓//O� SIGNATURE OF APPLICANT: PHONE: L 71 -K- / DATE: 8' /a7 ! 99 (THIS FORM BECOMES A PERMIT WHEN ENDORSED BY THE BUILDING & SAFETY DIRECTOR) (FOR OFFICE USE ONLY) PERMIT FEES: PERMIT NO.: USE GROUP: USE CLASS: BOND: PERMIT EXPIRATION DATE: SPECIFIC STIPULATIONS / COMMENTS: BUILDING AND SAFETY DEPT. RECEIVED Ali G27 1999 NATIONAL CITY, CALIF. APPROVALS / STIPULATIONS (Check Where Applicable): PLANNING YES [ ] NO [' ] SEE STIP [ ] Initial Date FIRE YES [ ] NO [ ] SEE STIP [ ] Initial Date PUBLIC WORKS YES [ ] NO [ ] SEE STIP [ ] Initial Date FINANCE YES [ ] NO [ ] SEE STIP [ I Initial Date POLICE YES [ ] NO [ ] SEE STIP [ ] Initial Date PARKS & REC. YES [ ] NO [ ] SEE STIP [ I Initial Date ENGINEERING YES [ ] NO [ ] SEE STIP [ ] Initial Date CITY ATTORNEY YES [ ] NO [ ] SEE STIP [ ] Initial Date RISK MANAGER YES [ ] NO [ ] SEE STIP [ ] Initial Date COMMUNITY DEVELOP. YES [ ] NO [ ] SEE STIP [ ] Initial Date OTHER YES [ ] NO [ ] SEE STIP [ ] Initial Date CITY COUNCIL MEETING DATE: TEMPORARY USE PERMIT: APPROVED [ ] DENIED [ ] WAIVER OF FEES: APPROVED [ ] DENIED [ ] PROPERTY NOTIFICATION REQUIRED: YES [ I NO [ ] COMMENTS: DATE CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND/OR STIPULATIONS SPONSORING ORGANIZATION: Appliance Parts Center, Inc. EVENT: Tent Sale in Parking Lot DATE OF EVENT: September 24, and September 25,1999 TIME: 8:00 a.m. until 5:00 p.m. APPROVALS: PLANNING YES [ x ] NO [ ] SEE STIP/COMMENTS [ ] FIRE YES [ x ] NO [ ] SEE STIP/COMMENTS [ x FINANCE YES [ ] NO [ ] SEE STIP/COMMENTS [ x ] SPECIFIC STIPULATIONS/COMMENTS: FIRE (336-4550) 1. Permit required from the Fire Department for the use of tents or canopies. Permit fees are sixty-five ($65.00) dollars and is to be paid at the Fire Department. Canopies having an area greater than three hundred and ninety nine (399) square feet or combination of canopies. Tents having an area greater than one hundred ninety nine (199) square feet or combination of tents and canopies. 2. Maintain Fire Department access at all times. 3. 2-A:10-BC fire extinguishers are required to be so placed and not to have a travel distance to exceed seventy-five (75) feet. 4. Canopy shall be of flame-retardant material or shall be made fire retardant in an approved manner. An approved certificate of flame-retardant shall be submitted to the Fire Department upon request for permit. Canopy must have a current State Fire Marshal seal of flame-retardant affixed upon canopy. 5. Minimum separation from any property line, building, other tent, canopy, or temporary membrane structure shall be twenty (20) feet. Minimum distance for the parking of automobiles or other internal combustion engines is thirty (30) feet. 6. Smoking shall not be permitted under canopy. NO SMOKING signs shall be conspicuously posted. FINANCE 336-4260 1. A business license is required of all vendors and businesses participating in the special event. Each vendor must have a separate business license. Merchants licensed for the site can operate on their current license. 2. Please note: The business license for 222 E. 8th Street, National City, CA 91950, issued only to Appliance Parts Center, Inc. —business license #6530. If any other additional vendors are participating in the event they must contact Business Licensing at (619) 336-4341, Monday through Friday, 8:00 a.m. to 5:00 p.m. c/A200.DOC