2023-10-17 City Clouncil- Full Agenda- Regular Meeting

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Staff Report to the Mayor and City Council Adult Use Regulations Code Amendment October 17, 2023 Page 2 present site for a limited period of time, so long as the use is not expanded or chang ed. The proposed ordinance adds an amortization provision to the City’s adult business regulations. At a public hearing held on September 12, 2023, the Planning Commission of the City of Colton, by a 5-0-0 vote, recommended City Council approval of Zoning Text Amendment by adopting Resolution R-30-23 (File Index Number DAP23-0004). ANALYSIS Under both the federal and California constitutions, cities must allow adult businesses to locate somewhere in their jurisdiction, because adult businesses are deemed to include elements of protected speech by the US Supreme Court. As a result, cities cannot ban them. However, they may impose reasonable time, place and manner restrictions in their location and operation. The City of Colton already has such restrictions in its adult business ordinance. However, the current ordinance does not include an amortization provision to specify how long a non- conforming adult business may exist at a particular site before it must comply with all current regulations, including the zoning location requirements. This code amendment will establish such an amortization provision, as follows: “18.49.170 – Applicability of Standards and Amortization of Nonconforming Uses. All zoning, design and performance standards set forth in this chapter are deemed to be necessary for the protection of the public health, safety and welfare and shall be applicable and govern all existing and proposed adult businesses in the City. In the event that there is any adult business lawfully in existence prior to the adoption of this chapter and is not in compliance with the zoning, design and performance standards of this chapter, any such adult business shall conform to all zoning, design and performance standards six (6) months after written notice of their applicability to any specific use. Failure to comply with the zoning, design and performance standards of this chapter within such six (6) month period, shall require amortization and removal of such use. Adoption of the proposed ordinance would provide the city with an option to seek compliance from any adult business that is currently established as a legal non-conforming use. As such, and as noted in the ordinance, it is consistent with the General Plan since it implements the land use designations and policies of the Land Use Element. ENVIRONMENTAL DETERMINATION Based on the entire record before the City Council, and all written and oral evidence presented to the City Council, the City Council will be reviewing findings that this ordinance is exempt from 1.1 Packet Pg. 9