Ordinance 802 r •
ORDI:L1tiCE :10. 802
- AN ORDINANCE OF THE CITY OF CUPERTINO ESTABLISHING PROCEDURES
REGULATI*IG ADULT-ORIENTED COhAfERCIAL ACTIVITIES
THE CITY COUNCIL OF THE CITY OF CUPERTZNO DOES ORDAIN AS FOLLOWS:
SECTION 1: AMENDMElIT
Section 1.1: Ordinance 220 of the City of Cupertino~ California~ is
hereby amended by adding this Ordinance No. 802.
' SECTION 2: REPEALING CLAUSE
Section 2.1: All ordinancea heretofora enacted in canflict with this
Ordinance No. Z are hereby repealed to the extent that thay would vary the
provigiona of this ordinance.
SECTIO;t 3: PURP05E
Section 3.1: The purpose of chis ordinaace is to eatablish application
procedures and regulations concerning location of adult-related commercial
accivities as defined hereia. Theee regulationa are intended to guida future
adult-related coffinercial activities and enaure a healthy, functional environ-
ment for existing and future residents within propoaed developments and
between adjoining parcels. This ordiaance is adopted baaed on the following
findings:
Thia Council finds that certain uses of real property,
specifically adult book storee, adult motion picture theatera, adult
cabareta~ public dance halls, and massage parlors, have serious
ob~ectionable characteristics, particularly when several of auch
uses are located in cloae proximity to each other; that such con-
centration tends to create a"skid-row" atmoapheze and has a
detrimental effect upon the adjacent area; that regulation of the
locations of these uses is necessary to ensure that such adverse
effects will not contribute to the blight or downgrading of
neighborhoods or deter or interfere with the operation and develop-
ment of hotels, motels, and lodging houaes and other buainesses
which are needed and desirable in the City; and that the regulations
hereina£ter set forth in Section 6 of this ordinance are reasonably
necessary and will tend to prevent the clustering of auch establish-
ments.
This Council further finds that, although the control of the
concentration or cluatering of the above uses in any one area will
tend to prevent the creation of "skid-rov" and be otherwise bene-
ficial to the people of the City. it will not prevent the deleterious
effect of blight and devaluatioa of both business, reaidential, public
and quasi-public property resulting from the establishment of any of
the above-apecified uses in a district which is in close proximity to
and which serves residentially zoned~ general planned or used property,
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, or property which is zoned, general planned or used for public or
- quasi-public uses (i.e., churches, schools, civic buildings, public
or private parks and recreational faciltiies, etc.); that concern
' for the orderly planning and development of a neighborhood sho~ild be
encouraged and fostered in those persons who comprise the businesa,
~ reaidentlal, public and quasi-public segments of that neighborhood
and that the regulationa hereinaEter set forth in Section 7 of this
ordinance restricting the location of such uses with raference to
public, quaai-public or residentially zoned, general planned or
uaed property are reasonably neceesary and will tend to prevent said
delaterioua effects.
SECTION 4: APPLICATION
Section 4.1: The provisions of this ordinance shall apply to all usee
defined in Sections 5.1, 5.2, 5,3. 5.4 and 5.5 below or other uaea vhich in
che opinion of the Planning Commisaion or City Council are of the eame
general character as the uses listed in Section 5. No building. atructure,
or land ahall be used. and no building or acructure shall be hereafter
erected, structurally altered or enlarged within a zoning district in the
' City of Cupertino, otherwise than in conformance with the following provisions;
except that uaea, buildings, and atructurea lawfully in existence at the time
this Ordinance No. 802 takes effect may remain as long ae no alterations take
place (except those pe~itted by Santa Clara County Ordinance NS-1200, Section
30, as it existed on October 10, 1955, which has been adopted by the City of
Cupertino).
SECTION 5: DEFINITIONS
Section 5.1: Adult Book Store is a buildiag or portion thereof uaed by
an establishment having as a aubstantial or aignificant portion of its stock
in trada for sale to the public or certain members thereof, books, magazinea
and other publicationa which are distinguished or characterized by their
emphasis on matter depicting, describing or relating to "Spacified Sexual
Activities" or "Specified Anatomical Areas". as hereinafter defined.
Section 5.2: Adult Motion Picture Theater is a building or portion
thereof or area, open or enclosed, used for the presentation of motion pictures
distinguiahed or characterized by an emphasis on matter depicting, describing
or relating to "Specified Sexual Activities" or "Specified Anatomical Areae",
as hereinafter defined, for observation by patrona or customers.
Section 5.3: Adult Cabaret is a building or portion thereof or area
used for presentation or exhibition or featuring of topleas or bottomless
dancers, strippers, male or female impersonators or similar entertainers
for observations by patrons or customers.
Section 5.4: Public Dance Hall is a building or portion thereof used
for dancing purposes to and in which the general public ia admieted and per-
mitted to dance, upon payment of any fee or other compensation, or upon
payc~ent of a charge for admisaion, or for which tickets or other device9 are
sold, or in which a charge ia made for the privilege of dancing with any other
person employed for such purpose by the operator of such establishment, includ-
ing but not limited to taxi dances, but excluding restaurant9, hotel dining
rooms and night cluba in which the dancing is incidental only to dining or
to other entertainment.
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Section 5.~: P4assa~e Parlor is a building or portion [hereof or a place
where massage is adminietered for compensation or from which a massage bulsiness .
or service for compensa~ion is operated.
Section 5.6: Svecified Sexual Activities are:
(1) Human genitals in a atate of sexual stimulation or arousal;
(2) Acts of human maeturbation. aexual intercourae or ~odomy; aad
(3) Fondliag or other erotic touching of human genitals, pubic zegion,
buttock or female breast.
Section 5.7: Specified Anatomical Areae are:
(1) Leas than completely and opaquely covered human genitals, pubic
reglon. buttock and female breast below a point lmmediately above
the top of the areola; and
(2) Human male genitals ia a disceraibly turgid atate, even if completely
and opaquely covared.
SECTION 6: ANTI-SKID ROW REGUL~,TIONS
Section 6.1: The purpoae of this aection ie to provide reasonable
regulations to prevent the adverse effect of ehe concentration or cluatering
of certain uaea of real property, epecifically adult book atores, adult
motion picture theatera, adult cabareta, public dance halls and massage
parlors. Such usea have serious objectionable characterietics when several of
them are located in close proximity to each other. Such concentration tends
to create a"skid row" atmoaphere and has a detrimental effect upon the
adjacent area. Regulation of the locations of these uaes is neceseary to
ensure that such adverse effects will not contribute to the blight or down-
grading of neighborhoods or deter or interfere with the development and
operation of hotels, motels, and lodging houaes and other businesses which
are needed and desira6le ia the C1ty.
Notwithstanding anything elsewhere in this Code to the contrary, except
the provisions of Section 4.1 of this ordinance relating co uaes, buildinga,
or atructures lawfullq in existence at the time this ordinance takes effect,
no lot or parcel of property in any zoning diatrict or any building or atructure
thereon or anq portion thereof, shall be used for aa adult book store, adult
motion picture eheater, adult cabaret, pub2lc dance hall or massage parlor at
a location closer than 1.000 feet to any other such use situata within or out-
side the City or closer than 1,000 feet to any hotel, motel or lodging housa
situate within or outaide the City, unleas a conditional uae permit shall have
been applied for and isaued for such use at auch location, purauant to and in
accordance vith the pzovisions of Ordinance No. 652.
In addition to the findings required to be made by the City Council in
issuing a conditional use permit purauant to the provisions of Ordinance No.
652, the City Council may issue a conditional use permit required by the
provisions of thls Section subject to such conditions as it may impoae only
if it shall make the following findinga.
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That the proposed use •
(a) will not be contrary to the public interest or unreasonably
injurious to the use of nearby properties;
(b) will conform to the epirit and intent of this section;
(c) will not enlarge or encourage the development of a"skid-rov"
area;
~ (d) will not be contrary to any program of neighborhood conservation;
(e) will not interfere with any pragram of urban renewal or redevelop-
ment; and ~
(f) will be in compliaace with all applicable regulations.
The regulations set forth in thie section are intended to be in addition
to and not in lieu of othar regulationa of thia Code applicable to any of che
above specified uaes, and, unlesa otherwisa specifically ptovided, ehall not
be deemed to repeal or amend any other provision or provisions of the Cupertlno
Municipal Code or Zoning Ordinance which are applicable to the above-mentioned
uses or activities, nor be deemed to excuse non-compliance wich any auch other
provisions.
SECTION 7: RECULATION OF CERTAIN USES WITHIN 1.000 FEET OF REAL PROPERTY
ZONED, GENERAL PLANNED OR USED FOR RESIDENTIAL, PUBLIC OR QUASI-
PQ9LIC PURPOSES
Section 7.1: The purpose of thia section is to prevent the adveree effects
of the location of certain uses of real proper[y. specifically adult book atorea,
adult motion picture theatera, adult cabareta, public dance halls and massage
parlors, in a diatrict which is in close proximity to and which serves public,
quaei-public or residentially zoned, general planned or uaed property. Such
uses in such locations tend to produce blight and devaluation of both business,
public, quasi-public and residential property. Regulations restricting the
location of such uses with reference to property zoned, general pianned, or
used for public. quaei-public or residential purpoaes, are reasonably necessary
for the prevention of said deleterious effecta.
:Iotwithstanding anything elsewhere in thia Code to the contrary, except the
provisions of Section 4 of this Ordinanca relating to uses, buildings, or atruc-
tures lawfuily in existence at the cime this ordinance takes effect, no lot or
pazcel of property in any zoning district or any building or structure thereon
of any portion thereof, ahall be used for an adult book store, adult motion
picture theater. adult cabaret, public dance hall or massage parlor at a
location closer than 1,000 feet ta any real property zoned, general planned or
used for public, quaei-public or residential purpoaes. whecher said parcel of
property ie situate within or outside the City, unless a conditional uae permit
shall have been applied for and issued for such use at such locacion, purauant
to and in accordance with the provisions of Ordinance No. 652.
In addition to the findings required to be made by the City Council in
issuing a conditional use permit pursuanc to the provisions of Ordinance Yo.
652, the City Counci2 may issue a conditional uae permit required by the
provisions of this section subject to such conditions as it may impose, only
if it shall make the following findings.
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That the proposed use
(a) will not be contrary to the public interest or unreaaonably
iajurious to the uae of public, quasi-public or residentially
~ zoned property situate within 1,000 feet of such propoaed uen;
(b) crill conform to the spirit and intent of thia section;
(c? will not be coatrary to any program of neighborhood coneervation;
(d) eri.ll aot intnr£are with any program of urban renewal or redavelop-
ment; and
; (a) will be in complianca vith all applicable regulations.
The regulations sat forth in this aection are intended to ba in addition
to aad aot ia 21eu of other regulationa of thia Code applicable to any of tha
above specified uses, and, unlesa othezwiae specifically provided, ahall noc
be deemed to repeal or amend any other provision or provisiona of the Cupertino
?tunicipal Code or 2oaing Ordinance ahich are applicable to the abovn-mentionad
uaes or activities, aor be deemed to excuse non-complianca with euch other
proviaions.
SECfION 8: SEVERAHILITY CLAUSE
Section 8.1: I£ any anetion, aubaection, aeatence, clausa or phraee of
chis Ordinance ia for aaq reason held to be unconstitutional. such daciaion
shall not affect the validicy of the remaining portione of thia Ordinance.
The legislative body hereby declares that it vould have paesed thie Ordinance
and each saction~ aubaection, eentence, clause or phrase thareot, irrespective
of the fact that aay one or more sections, subsectiona, aentencea~ claueae or
phrasee be declared unconstitutional.
SFCTION 9: PIJBLISBING CLAUSE
Section 9.1: Tha City Clerk is hereby auehorized and directed to cauae
a certified copq of thia Ordinance to be publiahed at leant once within fifteen
(15) daqs aftez ita enac~ent ia the Cupertino Courier, tha official newspaper
of the City, publiehed and circulated in the City of Cupertino.
I:JTRODUCED at a regular meeting of the City Council of the Citq of Cupertiao.
on the 18th day of Mav . 1977, and ENACTED at a regular meating of the
City Council of the Citq of Cupertino this 6th day of June , 1977, by
the following votn:
Vote Membere of the City Council
" AYES: Jackson, Meyers, Wellis, 0'Keefe, Frolich
, *IOES: None •
ABSE:IT: None
ABSTaIN: ;Jone
ATTEST: APPROVED:
` ~ "l,
City Clark Mayor, Citq of Cupertino
, . .:.,n~ - ~ _ .-~._~~a•
t I h~reby 'c~stify thae ths Citp o~,Cupertiao Ordinance No.
attached hereca is a true and corrsct copy of ~aid Ordinance vhich has
`b~sa published or po~ted pursuanr to law.
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Wm. fi. I~yd
Citq Cler