city of Chula Vista

File #: 14-0437    Name: Amendment to CVMC Chapter 9.13 - Sexually Oriented Businesses
Type: Consent Item Status: Passed
In control: City Council
On agenda: 7/22/2014 Final action: 7/22/2014
Title: ORDINANCE NO. 3315 OF THE CITY OF CHULA VISTA AMENDING CHAPTER 9.13 OF THE CHULA VISTA MUNICIPAL CODE REGULATING THE LICENSING AND OPERATIONAL STANDARDS FOR SEXUALLY ORIENTED BUSINESSES (SECOND READING AND ADOPTION)
Attachments: 1. Item 4 - Ordinance, 2. Item 4 - List of Exhibits, 3. Item 4 - Summary of Exhibits, 4. Item 4 - Chief of Police David Bejarano's Testimony, 5. Item 4 - Chula Vista Police Chief David Bejarano CV, 6. Item 4 - Available Sites for Adult Business Use, 7. Items 4 and 5 - Presentation
Related files: 14-0272
Title
ORDINANCE NO. 3315 OF THE CITY OF CHULA VISTA AMENDING CHAPTER 9.13 OF THE CHULA VISTA MUNICIPAL CODE REGULATING THE LICENSING AND OPERATIONAL STANDARDS FOR SEXUALLY ORIENTED BUSINESSES (SECOND READING AND ADOPTION)

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RECOMMENDED ACTION
Recommended Action
Council adopt the ordinance.

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SUMMARY
The existing provisions of the Chula Vista Municipal Code (CVMC), specifically Chapter 9.13, pertaining to the licensing and regulation of sexually oriented businesses were updated in November 2012 and are in need of some clean up and enhancement in order to reduce and/or preclude undesirable secondary effects including, but not limited to, increased crime, blighting influences in the community, decrease in property values, and the spread of sexually transmitted diseases. Accordingly, staff and its legal consultant have again reviewed the legal issues relating to the regulation of adult businesses, particularly as these proposed regulations protect public health, safety, and welfare. As a result of this research and review process, the proposed ordinance provides the requisite balance between the City's interests in protecting the public safety, health, and welfare and the constitutional protection afforded to adult businesses. Moreover, the proposed ordinance provides the evidentiary and factual foundation required to reasonably conclude that adult business can create potentially serious and deleterious secondary effects in the Chula Vista community, and therefore, the City's adult business regulations should be revised.

ENVIRONMENTAL REVIEW
The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed activity is not a "Project" as defined under section 15378 of the State CEQA Guidelines because the adoption of this ordinance, will not result in a physical change to the environment; therefore, pursuant to Section 15060(c)(3)...

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